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HomeMy WebLinkAbout1983-07-19; City Council; Resolution 7299I f 5 4 C c e r 1 E 5 1( 13 1: 1: 14 1: 1C 1'; I€ 15 2c 21 2; 2: 24 25 26 27 28 RESOLUTION NO. 7299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING 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 period July 18,1983 through June 30, 1984; 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 for the City of Carlsbad, California, 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. // /// //// ////I I//// ///// 1 1 1 1 1 1 11 1' 11 l! 2( 2: 2: 2; 24 2E 2E 27 2e PASSED, APPROVED, AND DOPTED at a regu,ar meeting of the Carlsbad City Council held on the 26th day of July ,1983 by the following vote to wit: AYES : Council Members Casler, LaJis, Chick and Prescott NOES : Nme ABSENT: Council Member Kulchin ATTEST: (SEAL) 2. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this 26th day of July, 1983, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the Itcity"), and the designated representatives of the Carlsbad City Employees' Association, (hereinafter referred to as "Employees"). PREAMBLE It is the purpose of this Memorandum of Understanding (hereinafter 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, 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 2nd recommend to the City Council for its determination. ARTICLE 1. RECOGNITION The City of Ca;.lsbad recognizes CCEA, as representative for all classifications in this Unit, as set forth in Attachment-A. A R T I C i E 2 . I Pi P 1 E E N T A T I 0 N 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. It is agreed that this Memorandum shall not be binding upon the parties either in whole or part unless and until: 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 reqc;ired to implement the provisions of this Memorandum, or in 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. 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. This Memorandum shall expire and otherwise be fully terminated at 12:OO midnight on June 30, 1984. ARTICLE 4. RENEGOTIATION A. 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, 1983 to February I, 1984, 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, 1984. B. 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, 1984. 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. C. If neither party requests a reopening for the purpos. of rFnegotiation, 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 30, 1984. ARTICLE 5. RETENTICN OF BENEFITS The employees ~f the City of Carlsbad shall retain all present benefits for the term of this agreement, except as amended by this Memorandum. 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. Durinq the life of this Agreement, neither the employees 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. 6. Penalty. Any ernployee engaging in activity prohibited by Article 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 not instigate 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 holds the position of officer of the Employee Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Articls, the employees agree to inform its members of their obligations under this Agreement and to direct them to return to wcrk. 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 three and one-half percent (3-1/2%) effective July 18, 1983. 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. INSURANCE Employees may select medical insurance coverage from either an indemnity plan or a health maintenance organization plan. Those employees choosing an indemnity plan must elect medical, dental and vision coverage. Those employees electing a health maintenance organization plan are limited to the plan in force at the time of agreement. a. Employees who have selected insurance coverage for themselves only shall receive compensation in the amount of ninety dollars ($90.00) per month to cover insurance premium costs. The semi-annual sum of the difference between the cost of the monthly insurance premiums and ninety dollars ($90 .Oa) shall. be paid to the employee during December 1983 and June 1984. Employees hired after the effective date of this memorandum and who select insurance coverage for themselves only shall be entitled to monthly compensation in an amount equal to the mor;thly insurance premium only. No payment of cost difference is authorized, b. Employees who have selected insurance coverage for the employes plus one dependent shall receive compensation in the amount of one-hundred forty-five dollars ($145.00) per month to be used for payment of insurance premiums, no payment of cost difference being zuthorized. Cost differences between monthly insurance premium and the above compensation shall be borne by the e3pfoyee. c. Employees who have selected insurance coverage for employee plus two dependents shall receive compensation in the amount of two-hundred fifteen dollars ($215.00) per month to be used for payment of insurance premiums, no payment of cost difference being authorized. Cost difference between monthly insurance premiums and the above Compensation shall be borne by the employee. ARTICLE IO. HOLIDAYS The City agraes tc~ observe eleven (11) scheduled paid holidays plus one (I) zdditional floating holidays for eight hour a day, five day work week employees, and nine (9) scheduled paid holidays plus cne ('I) 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: . P HOL IDAY Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day HOLIDAY SCHEDULE ------- -___---- 8/5 EMPLOYEES 11 DESIGNATED 1 FLOATING TOTAL 96 HOURS 10/4 EMPLOYEES 9 DESIGNATED New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Cay I - 8/5 1983 Man. Jul. Mon. Sep. Mon. Oct. Fri. Nov. Thurs. Nov. Fri. Nov. Non. Dec. 1984 Mon. Jan. Mon. Feb. Mon. Feb. Mon. May Wed. Jul. FL DATING TOTAL IO0 HOURS 10/4 Mon,-Thurs. Tues . -F ri . 4 Thurs. Jun. 30 Fri. . Jul. 1 5 Mon. Sep. 5 Tues. Sep, 6 IO Mon. Oct. IO ---- I1 Fri. Nov. 11 Fri. Nov. I1 24 Thurs. Nov. 24 Thurs. Nov. 24 25 ---- Fri. Nov. 25 Fri. Dec. 23 26 Mon. Dec. 26 .- 2 Mon. Jan. 2 Tues. Jan. 3 13 ---- Tues. Feb. 14 20 Mon. Feb. 20 ---- 28 Man. May 28 Fri. May. 25 4 Wed. Jul. 4 Wed. Jul. 4 ARTICLE 11. OVERTIME The City agrees to change the provisions of Section (d)(l) 13 of Rule X Personnel Rules to read as follows: (1) “Overtime for miscellaneous employees shall mean any time worked in excess of a normal work day. In the case of ten-hour, four-day employees, it shall be time worked in excess of ten hours per day. All eight-hour, five-day week employees, overtime shall be time worked in excess of eight hours per day. *‘ ARTICLE 12. STATE DISABILITY INSURANCE The City agrees to continue premium payments for state disability insurance during the term of this agreement, ARTICLE 13. COMPENSATION TIME The City agrees to extend the period during which accrued compensation time off can be used from three (3) pay periods to a period of six (6) months. ARTICLE 14. PEAS CONTRIBUTION The City agrees to continue payment of 100% of the employee’s normal Public Employees Retirement System Contribution (7% contribution) as provided by Government Code Section 20615. ARTICLE 15. OUT OF GLASS CLAIMS ... The City agrees to continue the practice of allowing a grievance to be filed for an out-of-classification work claim. ARTICLE 16. FULL UNDERSTANDING, MODIFICATION, WAIVER A. B. 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 fozma? or informal, regarding any such matters are hereby superseded or terminated in their entirety, It is the intent of the parties that this Memorandum of Understanding 52 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 sz 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 8, 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 Couiicil. F. The waiver of any breach, tern or condition of this Nemorandum zf Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 17. AUTHORIZED AGENTS. For the purpose of administering the terms and provisions of this Memorandum of Understanding: A. City's p~izcipal authorized agent shall be the City Manager, or a duly authorized representative (Address: 1200 Elm Avenue, Carisbad, California, 92008; Telephone: (619) 438- 5621), except where a particular City Representative is specifically designated in connection with the performance of a spscific function or obligation set forth herein. €3. CCEA authorized representative shall be its President or a duly autharized representative (Address: 1200 Elm Avenue, Carlsbnd, California, 92008; Telephone: (619) 438-5604). 8 U a ARTICLE 18. 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 \ ALB.dl&& 4- FRANK D. ALESHIRE, City Manager Approved as to form: CARLSBAD CITY EMPLOYEES' ASSOCIATION ATTACHMENT A TITLE LIST -- CLASSIFIED EMPLOYEES--REPRESENTED BY CCEA CLASSIFICATION ACCOUNT CLERK I ACCOUNT CLERK I1 ACCOUNTANT ACCOUNT1 NG TECHNICIAN AQUATIC SUPERVISOR ASSISTANT CIVIL ENGINEER ASSISTANT PLANNER ASSOCIATE CIVIL ENGINEER ASSOCIATE PLANNER AUDIO VISUAL SPECIALIST BUILDING INSPECT03 11 BUILDING INSPECTOR I11 BUILDING MAINTENANCE CARPENTER CLERK TYPIST I CLERK TYPIST I1 CONSTRUCTION INSPECTOR CONSTRUCTION SUPERVISOR CUSTOD IAK DEPUTY CITY CLERK DEVELOP. PROCESS. COORDlNATOR ELECTRICAL OPERATIONS SUPERVISOR ENGINEERING TECHNICIAN I EN G I NE E R I NG T EC H N I C I AN I I EQUIPMENT E4ECHANIC I EQUIPMENT MECHANIC Ii EQUIPMENT MECHANIC LEADWORKER EQUIPMENT SERVICE WORKER LIBRARIAN I LIBRARIAN 11 LIBRARIAN I11 LIBRARY ASSISTANT I LIBRARY ASSISTANT I1 BUILDING INSPECTOR i "LIBRARY CLERK I *118RARY CLERK I1 MAINTENANCE ELECTRICIAN I MAINTENANCE ELECTRICIAN I1 MA I NT EN AN CE METER R€ADER/REPAIRER I METER READER/REPAIRER I1 W OR K E R I CLASSIFICATION METER SHOP SUPERVISOR OFFICE SUPERVISOR PARK MAINTENANCE WORKER TI PARK MAINTENANCE WORKER I11 PARK PLANNER PARK SUPERVISOR PERMIT CLERK PLANNING TECHNICIAN I PLANNING TECHNICIAN I1 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 TRANSPORTATION ENGINEER TREE TRIMMER I TREE TRIMMER 11 TREE TRIMMER L EADWORKER UTILITY MAINTENANCE WORKER II. UTILITY MAINTENANCE WORKER I1 UTILITY SYSTEMS OPERATOR I1 I UTILITY SYSTEMS OPERATOR 111 WATER MA1 NTENANCE SUPERVISOR WORD PROCESSING OPERATOR I WORD PROCESSING OPERATOR I1 "Library Clerk I and I1 to be deleted when vacated by incumbents.