HomeMy WebLinkAbout07 LAYOFF POLICY TMEA 04-03-00' IAG'ENDA'I
III I I ~
DATE:
MARCH 21, 2000
NO. 7
04-03-00
Inter-Corn
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON
PERSONNEL SERVICES
APPROVE RESOLUTION NO. 00-14 TO AMEND THE MOU DATED JANUARY
1, 1999 REGARDING THE LAYOFF POLICY WITH TMEA
SUMMARY: Approve Resolution No. 00-14 that amends the MOU with Tustin
Municipal Employees Association with regard to the Lay Off Policy.
RECOMMENDATION:
That the City Council approve Resolution No. 00-14 amending the Memorandum of
Understanding to add a new lay off policy negotiated with the Tustin Municipal
Employees Association.
FISCAL IMPACT:
There is no fiscal impact.
,BACKGROUND:
The Memorandum of Understanding with the Tustin Municipal Association approved by
the City Council on February 10, 1999, includes an agreement to meet and confer for
purposes of modifying the Layoff Policy to incorporate seniority as a primary criteria in
the selection of employees to be laid off. Staff has met with TMEA and concluded the
negotiations that produced a new lay off policy. The attached resolution amends the
Memorandum of Understanding to include the new Layoff Policy.
Bettie Correa
Senior personnel Analyst
S:Correa:CouncilRpts\NewLayoffPolicyRptTMEA.doc
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RESOLUTION NO. 00-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO THE MOU DATED
JANUARY 1, 1999 BETWEEN THE CITY AND THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION, REGARDING THE LAYOFF POLICY
WHEREAS, the City agreed in the last Memorandum of Understanding with
the Tustin Municipal Employees Association to amend the Layoff Policy previously
negotiated with them in order to incorporate seniority as a primary criteria in the
selection of employees to be laid off, and
WHEREAS, negotiations with the Tustin Municipal Employees Association
have been completed and resulted in an agreement to amend the Layoff policy
NOW, THEREFORE, the City Council of the City of Tustin, California, does
hereby resolve as follows:
To approve the attached amendment to the MOU dated January 1,
1999, between the City and the Tustin Municipal Employees Association.
Passed and adopted at a regular meeting of the Tustin City Council held on
the 3"~ day of April, 2000.
Tracy Wills Wodey, Mayor
ATT'EST:
Pamela Stoker, City Clerk
CITY OF TUSTIN
Amendment No. 1 to Memorandum of Understanding between the City of Tustin and the
Tustin Municipal Employees Association
Not withstanding the prOvisions of Section 10b of the City's Personnel Rules and
Regulations, the parties agree as follows with respect to Reductions-in-force or Layoffs:
A. Definitions:
Provisional- An appointment of a person who possesses the minimum
qualifications established for a particular class and who has been.appointed to a
position in that class in the absence of available eligible candidates.
Original probationary period -An employee's first probation' period during
continuous city employment.
Promotional probationary period - The probationary period served upon
promotion from one City position to another.
Seniority - Length of continuous service with the City of Tustin from date of hire
into a regular position.
B'.
Authority. The City Manager may lay off employees at any time for lack of work,
budgetary reasons, technological changes or other City actions that necessitate
a reduction in the work force.
C.
Reduction-in-Force. When it becomes necessary to reduce the work force, the
City Manager shall designate the position(s) or classification(s), and division(s),
department(s), or other organizational unit(s) in which positions are to be
eliminated. Contract and temporary employees in the same classification as the
positions proposed for elimination within the affected organizational unit shall be
laid off first. Probationary promotional employees who are laid off shall be
returned to the position held upon their promotion. At least two weeks notice
shall be given to any employee who is to be laid off.
in the event the City decides to solicit proposals for work currently performed by
employees and that decision could result in layoffs of employees the City shall
give written notice to the Association and City employees in the designated
organizational unit(s). Such notice shall include the same materials and be given
at the same time such opportunity is provided to other bidders.
D. Order of Layoff.
,
The names of all provisional and original probationary employees
occupying positions in the affected class shall be listed in alphabetical
S :B M C~La borRelafi ons~LayoffProced u re 1999. doc
E.
F.
O.
order. The City Manager or his/her designee shall select from this list one
employee, regardless of his/her place on the list, to be laid off for each
position to be abolished.
.
If the positions to be abolished exceed the number of employees available
for layoff after application of 1. above, a "Subject to Layoff List" shall be
prepared. The list shall be composed of all permanent and promotional
probationary employees in the class from which a position is to be
abolished. Names of the employees shall be. listed in reverse order of
their lengths of City service; i.e., those having the least seniority will be
listed first. For purposes of this section, time served on a military leave of
absence shall be considered City service.
,
In selecting employees to be laid off, those employees at the top of the list
shall be laid off first. When employees have equal seniority, the City
Manager will select the employee to be laid off in consideration of the
employee's past performance and in consultation with the concerned
department head.
.
Deviation from this procedure is permitted when it can be clearly
demonstrated that an employee possesses special skills and knowledge
necessary to the efficient operation of City services. In this event, the City
Manager may retain said employee over employees having more seniority
provided that none of those having more seniority possess the same
special skills and knowledge.
.
The names of laid off employees shall be listed on a reemployment list in
the reverse order of their dates of layoff.
Bumping Rights. Any employee subject to layoff who has held regular status in a
position in the class series from which he/s'he is to be laid off may request
placement in a position in the layoff class or a lower class in the class series. If
such request is made, an Order of Layoff list consisting of the names of
employees in the requested class and the employee requesting placement will be
prepared and used in effecting a layoff consistent with provisions of this section.
An .employee who has been involuntarily transferred to a class from which a
layoff is to be made shall have automatic "bumping rights" to his/her previous
classification for up to one (1) year from the effective date of the transfer.
Continuation of Benefits. Employees who are laid off shall 'have their medical
insurance benefits continued to the end of the second month following the date of
their layoff if they are not covered by another medical plan at the time.
Reemployment List. The name of every regular employee who is laid off shall be
placed on a Reemployment List in reverse order of their dates of layoff.
S:BMC\LaborRelations\LayoffProcedure 1999.doc 2
H,
Names may be removed from a Reemployment List for any of the following
reasons:
The expiration of eighteen (18) months from the date of placement on the
list.
(2)
Reemployment in a permanent full-time position in a department other
· than that from which the employee was laid off.
('3)
(4)
Failure to respond within twenty'one (21) calendar days of mailing of a
registered letter regarding availability of employment.
Failure to report to work within fourteen (14) calendar days of mailing of a
registered letter containing a notice of reemployment, absent mitigating
circumstances.
(5)
Individual requests in writing that his/her name be removed from the list.
Reemployment.
(1)
Vacancies to be filled within a department' shall be offered first to
individuals on the Reemployment List who held a position in the same
classification as the vacancy to be filled.
(2)
A regular employee who has been laid off is reemployed in a permanent
position .within eighteen (18) months from the date of his/her layoff or
termination shall be entitled to:
(a)
Buy back and thereby restore all general leave credited to the
employee's account on the date of layoff or termination at the same
rate as it was paid off. This restoration must be requested in writing
within 30 days of returning to work and must be fully paid back
within six (6) months of the retum to work.
(b)
Restoration of seniority accrued prior to and accrued during layoff.
(c)
Credit for all service prior to layoff for the purpose of determining
the rate of accrual of general leave.
(d)
Placement in the salary range as if the employee had been on a
leave of absence without pay if he/she is reinstated to the same job
classification from which he/she was laid off or terminated.
(3)
If the person who is reemployed has not satisfactorily completed the
required probationary period in the department of appointment he/she
shall serve a probationary period.
S:BMC~LaborRelations~LayoffPr°cedure1999'd°c
Notices. All notices and requested actions referenced in this section shall be in
writing and sent by Registered Mail or delivered personally to the addressee. All
notices to the City shall be addressed to the City Manager. Employee shall be
responsible for notification to the City of any address change and any such notice
shall be served in accordance with this paragraph.
TUSTIN MUNICIPAL EMPLOYEES
ASSOCIATION
CITY OF TUSTIN
President, TM'EA
Date:
Board Member
Date:
·
Date:
~~Board ~mbe(
Date:
By:
Date:
City Manager
S:BMC\LaborRelations~LayoffProcedum 1999.doc 4