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HomeMy WebLinkAbout1981-05-26; City Council; Resolution 6546I 1 I 1 I 1 I ! I( 1; 1; 1; 14 1: 1f 17 1€ 1s 2c 21 2% 23 24 25 26 27 28 City RESOLUTION NO. 6546 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING EEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT AND TEE CARLSBAD CITY EMPLOYEES' ASSOCIATION. ._ WHEREAS, representatives of management and the Carlsbad Employees' Association have been conducting negotiations pursuant to the Meyers-Milias-Brown Act, regarding wages and other terns and conditions of employment for the period May 25, 1981 through June 12, 1953; 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 ?ublic interest to accept such an agreement in the form of a qemorandum of Understanding, marked Exhibit A and incorporated ~y reference herein; NOW, THEREFORE, BE IT' RESOLVED by the City Council for the :ity of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the Kemorandum of Understanding between the Carlsbad City Employees' Association and representatives of management is hereby accepted. That the City Council intends to implement Article 12 3. If said memorandum, city payment of 100% of the employees normal 'ublic Employees' Retirement System contribution (7% contribution) is provided by Government Code Section 20615, as of May 25, 1981; tnd further to incorporate its terms into the salary plan from rune 14, 1982 through June 12, 1983 and the Personnel Rules ind Regulations of the City of Carlsbad and by other appropriate 4 5 6 7 8 9 10 11 12 13 14 1: 1E 17 1€ 1s 2c 21 22 23 24 25 26 27 28 actions necessary in accord with its terms. PASSED, APPROVED AND ADOPTED at a/$i&W@ meeting of the i -._ Carlsbad City Council held on the 26th day of May by the following vote to wit: AYES : NOES: None Council Wers Packard, Anear, Lewis, Kulchin //- ABSENT: Council Wer Casler / RONALD C. PACECARD, Mayor ATTEST: .uy ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 198: MEMO RAND UM 0 F UNDER S TAN D IN G - 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 --11 It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious 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 : --- I_ A. The City Council acts, by majority vote, formally to approve and 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 Menorandum. ARTICLE 3. TERM _II 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. This Memorandum shall expire and otherwise be fully terminated at 12:OO midnight on June 12, 1983. ARTICLE 4. RENEGOTIATION I II_ A. B. C. 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 later than April 1, 1983. Unless the City serves upon the employees by proposals to amend, add to, delete, or otherwise change any of the provisions of the Memorandum, this Memorandum 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. 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 The employees of the City of Carlsbad shall retain all present benefits for the term of this agreement, except as amended by this Memorandum. -I_- -- - ARTICLE 6. CITY RIGHTS - The rights of the City include, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions 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 conducted; 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. ARTICLE 7. NO STRIKE AND NO LOCKOUT A. No Strike. During the life of this Agreement, neither the 11- - empnoyees nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any other intentional disruption of the operations of the City, regardless of the reason for so doing. B. Penalty. Any employee engaging in activity prohibited by XX-cTe" 7.A.; or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this Agreement, the City will -7 not insqate 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 "sition of ofticer ome Employee Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article, the employees agree to inform its members of their obligations under this Agreement and to direct them to return to work. ARTICLE 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. -- - 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 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 month 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 be made on December 1, 1982. (d) The fourth payment of the balance in the employee's account shall be made on June 1, 1983. Employees shall make an annual election of the use of the $115 during July 1981 and July 1982. No changes 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 medical, dental, vision, life, and long-term disability 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: 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 regularly 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 recommendat ion 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 employees 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. 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: - - 1_1_ HOLIDAY SCHEDULE ------- ---c-___ 8/ 5 EMPLOYEES 11 DESIGNATED 1 FLOATING HOLIDAY Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day 10/4 EMPLOYEES 9 DESIGNATED 1 FLOATING New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran' s Day Thanksgiving Day Th an ks g ivin g F r i day Christmas Day New Year's Day Lincoln's Birthday Washington's Birthday Nemorial Day TOTAL 96 HOURS TOTAL 100 HOURS 8/5 10/4 - 'Tu-. 1981 Fri. Jul. 3 Thurs. Jul. 2 Fri. Jul. Mon. Sep. 7 Mon. Sep. 7 Tues. Sep. Mon. Oct. 12 Mon. Oct. 12 ---- Wed. Nov. 11 Wed. Nov. 11 Wed. Nov. Thurs. Nov. 26 Thurs. Nov. 26 Thurs. Nov. Fri. NO~. 27 ---- Fri. Nov. Fri. Dec . Fri. Dec. 25 Thurs. Dec. 24 1982 _c Fri. Jan. 1 Thurs. Dec. 31 Fri . Jan . Fri. Feb. 12 ---- Fri. Feb. Mon. Feb. 15 Mon. Feb. 15 ---- Mon. May 31 Mon. May 31 Tues . Jun. Mon. Jul. 5 Mon. Jul. 5 Tues. Jul. Mon. Sep. 6 Mon. Sep. 6 Tues. Sep. Mon. Oct. 11 Mon. Oct. 11 -e-- Thurs. Nov. 11 Thurs. Nov. 11 Thurs. Nov. Thurs. Nov. 25 Thurs. Novo 25 Thurs. Nov. Fri. NO~. 26 ---- Fri. Nov. Fri. Dec. Fri. Fri. Dec. 31 Thurs. Dec. 30 Fri. Dec. Dec. 24 Thurs. Dec. 23 3 8 11 26 27 25 1 12 11 25 '2 6 24 31 1983 Fri. Feb. 11 ---- Mon. Feb. 21 Mon. Feb. 21 Mon. May 30 Mon. May 30 Fri. Feb. 11 ---- Tues. May 31 ... ARTICLE 12. PERS CONTRIBUTION 7 Starting on May 25, 1981, or upon the date of ratification of this agreement by the membership of CCEA, whichever date is later, and 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. ARTICLE 13. OUT OF CLASS CLAIMS The City agrees to amend the Personnel Rules as follows: -CI- I 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 - -1 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 arising 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. "Emergency" 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 City. 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 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 th is Memor an dum o f Under s t an ding : I_ 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 connection 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 Understanding 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. CITY OF CARLSBAD F';ICity Manager Approved as to form: CARLSBAD CITY EMPLOYEES' ASSOCIATION/ u City Attorney ATTACHMENT A II TITLE LIST -- CLASSIFIED EMPLOYEES--REPRESENTED BY CCEA CLASSIFICATION CLAS S IF ICATI ON ACCOUNT CLERK I ACCOUNT CLERK I1 ACCOUNTANT ACCCOUNTING TECHNICIAN ASSISTANT CIVIL ENGINEER ASSISTANT PLANNER ASSOCIATE CIVIL ENGINEER ASSOCIATE PLANNER AUDIO VISUAL SPECIALIST BUILDING INSPECTOR I BUILDING INSPECTOR I1 BUILDING INSPECTOR 111 BUILDING MAINTENANCE CARPENTER CLERK TYPIST I CLERK TYPIST I1 CON S TRU CT I ON 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 MAINTENANCE ELECTRICIAN I MAINTENANCE ELECTRICIAN I1 MAINTENANCE WORKER I INSPECTOR METER READER/REPAIRER I METER READER/REPAIRER I1 METER SHOP SUPERVISOR PARK MAINTENANCE WORKER I1 PARK MAINTENANCE WORKER I11 PARK PLANNER PARK SUPERVISOR PERMIT CLERK PLANNING TECHNICIAN RECEPTIONIST CASHIER RECREATION SUPERVISOR I RECREATION SUPERVISOR I1 SANITATION SUPERVISOR SECRETARY I SECRETARY I1 SECRETARY/BOOKKEEPER SECRETARY TO CITY ATTORNEY SECRETARY TO CITY MANAGER SENIOR CONSTRUCTION INSPECTOR SEWER MAINTENANCE SUPERVISOR STENO CLERK I STENO CLERK I1 STOREKEEPER STREET MAINTENANCE WORKER I1 STREET MAINTENANCE WORKER I11 STREET MAINTENANCE SUPERVISOR SWEEPER OPERATOR TRANS PORTATION ENGINEER TREE TRIMMER I TREE TRIMMER I1 TREE TRIMMER LEADWORKER UTILITY MAINTENANCE WORKER I1 UTILITY MAIN TEN AN CE WORKER I I I UTILITY SYSTEMS OPERATOR I1 UTILITY SYSTEMS OPERATOR 111 WATER MAINTENANCE SUPERVISOR WATER PUMP SUPERVISOR