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HomeMy WebLinkAbout20 MOU TMEA 02-22-94AGENDA_ NO. 20 2-22-94 · DATE: FEBRUARY 16, 1994 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PERSONNEL SERVICES APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TUSTIN M~.._ ~Nl_ C.rPAL..EM PLOY EF~.~. ASSOC!AT-ION RECOMMENDATION: That the City Council authorize the City Manager to sign and execute the attached Memorandum of Understanding (MOU) with the Tustin Municipal Employees Association. FISCAL IMPACT: The proposed 2.5 percent increase will cost the city approximately $111,310 for the 1994 calendar year. The proposed increase of $23 in flexible dollars for employees on the second tier designated for those needing insurance coverage for employee and one dependent will amount to approximately $7452. The only other item which may produce an economic impact is the addition of severance pay and outplacement assistance. No costs on this item can be predicted at this time as there is no layoff plan which has been finalized from which costs could be derived... The costs which can be approximated total $118,762 for this package. DISCUSSION: The City and the Tustin Municipal Employees Association met and conferred from November to January. A new MOU was drafted to replace the MOU expiring on December 31, 1993. The new MOU is a one year agreement effective. December 24, 1993, .to December 31, 1994. Bettie Correa Senior Personnel Analyst BMC2:TMEACNC.RPT MEMORANDUM OF UNDERSTANDING TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION AND CITY OF TUSTIN 1-1-94 TO 12-31-94 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et.seq, and Section 17 of the Personnel Rules and Regulations of the City of Tustin, the City's employee representatives have met and conferred in good faith with the representatives of the Tustin Municipal Employees Association pertaining to the subject of wages, benefits and conditions of employees of city; and WHEREAS, the meetings between the Tustin Municipal Employees Association and the City representatives have resulted in an agreement and understanding to recommend that the employees represented by the Tustin Municipal Employees Association accept all of the terms and conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions the changes and additions to the wages, hours, and conditions of employment for the non- administrative and non-management general employees of City. WITNESSETH WHEREAS, the Tustin Municipal Employees Association is the majority representative of all non-administrative and non-management general employees of the City of Tustin for the purpose of representation on issues of wages, hours, and other terms and conditions of employment and as such majority representative Tustin Municipal Employees Association is empowered to act on behalf of all non-administrative, non-confidential and non-management general employees of City, whether or not they are individually members of the Tustin Municipal Employees Association. Article 1. Represented Classes. All non-administrative, non-management and non-confidential general employee classifications are represented under the scope of this agreement. The classifications covered by this agreement are: Administrative Assistant II Administrative Assistant I Account Clerk Associate Civil Engineer Assistant Civil Engineer Assistant Planner Associate Planner Building Technician Building Inspector Clerk Typist Code Enforcement Officer Communications Officer Community Services Officer Custodian Department Clerk Deputy City Clerk Maintenance Leadworker Maintenance Worker Mechanics Helper Meter Reader Non-Sworn Investigator Parking Control Officer Plan Checker Planning Technician Property and Evidence Technician Property Officer Public Works Inspector Recreation Coordinator Records Clerk Records Shift Coordinator Reproduction Operator Secretary Page 2 Division Secretary Draftsperson Engineering Aide Equipment Mechanic Equipment Operator Intermediate Clerk Typist Junior Civil Engineer Senior Account Clerk Sports Field Coordinator Switchboard Operator Transportation Engineer Tree Trimmer Water Services Engineer Water Treatment Plant Operator Article 2. Compensation. me Effective December 24, 1993 or December 27, 1993, depending upon the beginning of payroll periods for affected employees, salary ranges for classes represented by the Association shall be increased by 2.5 %. g. Resolution//88-103, SECTION 5. SALARY ADMINISTRATION, F. Salary in Other Instances, (2) Salary on Promotion, shall be amended to provide that upon a promotion the employee shall receive a salary adjustment of at least 5%, provided that in no event shall the promoted employee's salary exceed the maximum of the range of the class to which he is promoted. Article 3. Uniforms. Ao The City will provide a uniform maintenance allowance of two-hundred and fifty dollars ($250.00) annually for those employees required by the City to wear uniforms full time who are not in the maintenance service. An employee who wears a uniform'half-time shall be compensated at fifty percent, an annual amount of one hundred and twenty-five dollars ($125.00) Be The City will make raingear and overalls available for use by the Building Inspectors and Public Works Inspectors. C. The City will provide eleven (11) sets of pants/shorts and shirts for each maintenance employee required to wear a uniform and City will pay the cost of renting and cleaning the standard-issue maintenance employee uniforms. Each employee may designate a "mix" of pants and shorts for the term of the contract with the uniform vendor. This "mix" may not be changed during the term of the contract with the uniform vendor. Each employee must have long pants immediately available for wear on a daily basis. Additional uniforms, laundering, or special services shall be at the employee's expense. Article 4. Bilingual Compensation. The City shall pay seventy-five dollars ($75.00) per month for one employee designated in City Hall and one employee designated in the Police Department who can demonstrate a skill in Spanish at the conversational level, or in another language which the City Manager has approved as being needed for City business. Should a conflict arise regarding designation of an employee for compensation, proficiency and need shall determine who is eligible. Management will determine where and when the need is greatest, Page 3 and management will devise and administer a testing vehicle to determine degrees of proficiency. Article 5. Retirement. Ao The City shall continue to "pick up" and pay on behalf of each employee the employee's required contribution to the Public Employees Retirement System (PERS) in the amount equal to seven percent (7 %) of the employee's "compensation earnable". Employees serving in a classification covered by this agreement shall have a vested fight to receive all of the retirement benefits entitled them as of the effective date of this agreement. Bo If there is no cost to the City, the City's contract with the PERS will be amended to provide for the Fourth Level of 1959 Survivor Benefit. Article 6. Overtime Compensation. All non-administrative, non-confidential and non- management general employees shall receive premium compensation of time and one-half for all approved overtime hours worked in excess of, (1) regularly scheduled hours per shift or (2) forty (40) hours worked in a seven (7) day work period. General Leave, compensatory time and Holiday hours shall be included within the above hours for eligibility, provided however, that standby time shall not be considered in determining entitlement to premium compensation. Article 7. Employee Life Insurance. City will provide life insurance on each life of each regular, permanent full-time, non-administrative, non-confidential, non-management general employee of the City and pay the premiums thereof. The death benefit of said policy shall be one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. Article 8. Flexible Benefits Plan. Effective on or before January 1, 1994 the City will establish a Flexible Benefits Plan in accordance with the following: A. Flexible Benefits Contribution per month per eligible employee. Employee Only Employee + 1 Dependent Employee + 2 or more Dependents $267 $327 $478 $350 (Effective 8/1/94) Note: Employees who do not take medical insurance through the program offered by the City shall receive $120 per month in lieu of the flexible benefits contribution. As a condition of receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical insurance coverage comparable to coverage available through the City program. Bo The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs. Employees are required to take Page 4 C. employee only dental insurance with premiums to be paid out of their contribution and $16 of the contribution constitutes the City payment towards employee medical insurance. Employees may allocate the remaining amount among the following City sponsored programs: o 3. 4. 5. 6. Medical insurance offered under the Public Employees' Medical and Hospital Care Act Program. Dependent Dental Insurance Additional Life Insurance Vision Insurance Deferred Compensation Section 125 Program Discretionary allocations are to be made in accordance with program/City requirements including restrictions as to the time when changes may be made in allocations to the respective programs. A Section 125 .Program will be implemented on or before January 1, 1994 and include such options as may be available. The Program shall be administered through Colonial Life provided that the City retains the right to change administrators for cause. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. Article 9. Retiree's Health Insurance The City will contribute a maximum of $150.00 per month towards the payment of medical insurance premiums for employees who retire from the City of Tustin after October 1, 1993. Such contribution is supplemental to the $16.00 per month City contribution to be made for eligible retirees under the Public Employees' Medical and Hospital Care Act Program and subject to the same conditions applicable to the PERS City contribution. Article 10. Bereavement Leave. City will allow up to three (3) days with pay for the purpose of bereavement leave for all non-administrative, non-confidential, and non-management general employees of City in the event of a death in the immediate family. "Immediate Family" shall be defined as including spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. - Article 11. Holidays. The following nine (9) full and two (2) half (1/2) days shall be observed as paid holidays by all full-time regular and probationary employees in permanent positions, except Police personnel, as shown below: January 1 Third Monday in February Last Monday in May July 4 First Monday in September New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Page 5 November 11 The Thursday in November designated by the President or Governor as Thanksgiving Day. The day after Thanksgiving Day. AfternoOn before the Christmas Day Holiday December 25 Afternoon before the New Year's Day Holiday Veteran's Day Thanksgiving Day Day after.Thanksgiving Day Christmas Eve Holiday Christmas Day New Year's Eve Holiday When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. For each designated holiday, full-time regular and probationary personnel on shifts will receive eight (8) hours of General Leave for each full day and 4 hours for each 1/2 day or equivalent pay, whichever, in the judgement of the Personnel Officer, best serves the interest of the City. Full- time regular and probationary personnel not assigned to shifts will receive paid time off; eight (8) hours for a full day and 4 hours for each 1/2 day. If a non-shift employee's scheduled day off falls on the day of the holiday, he shall receive eight (8) hours pay for each full day and 4 hours for each 1/2 day. If the number of hours paid on a holiday is less than the hours that would be paid if the employee worked his/her regular shift, credited compensatory time or general leave will be used to ensure that hours paid will be equal to what he/she would receive for his/her regular shift. Article 12. General Leave. General leave with pay shall be granted to each full-time regular and probationary employee at the rate listed beloTM per year, prorated on a bi-weekly basis for each bi-weekly pay period, in which the employee works more than half time. Years of Service General Leave Hours Per Year 0-5 168' 6-10 208 Over 10 248 * 160 hours for employes hired after October 1, 1993. Article 13. LTD Leave of Absence. An employee receiving LTD benefits under the City's program will be granted a leave of absence without pay for the duration of his/her disability subject to a maximum pe~od of two (2) years. Article 14. Compensatory Time. Employees will be paid for all compensatory time in December of each year provided that an employee may retain a maximum of forty (40) hours in his/her account if notice of such desired retention is submitted to the City. Page 6 Article 15. Rest Periods. During each work shift of at least eight (8) hours two (2) fifteen (15) minute rest periods will be scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor and no compensation will be provided for rest periods not taken. Article 16. Leaves. Resolution //88-103 will be amended to provide that needs of t?~e employee will be considered in the granting of leaves of absence and employees may reques", a leave of absence without pay or general leave to serve as a volunteer for a certified relief organization. Article 17. Stand-by Duty. Stand-by duty in classes designated by the City Manager shall be compensated at the rate of one (1) hour of straight-time compensation for each eight (8) hours of such duty. Such compensation on Holidays shall be at the rate of two (2) hours of straigkt- time compensation for each eight (8) hours of stand-by duty. Article 18. Call Back Duty. In addition to stand-by compensation, if any, employees in classes designated by the City Manager shall receive a minimum of two (2) hours overtime compensation (time and one-half) for any call which requires them to return to duty. Article 19. Educational Incentive Pay. Only those employees receiving educational incentive pay as of July 1, 1989, shall thereafter be eligible for educational incentive pay as set forth in Article 17 of the previous M.O.U. executed March 31, 1987. The continuing education requirement remains the same; however, no employee shall be able to increase his or her amount of educational incentive pay after July 1, 1989. No additional employees after Jul,,, I, 1989, shall be eligible for educational incentive pay. Any employee who becomes ineligibl~ for educational incentive pay shall not be able to requalify. Article 20. Tuition Reimbursement. Employees shall be encouraged to further their academic education and training in those areas of benefit both to the employee and to the City. Full-ti,m. e employees will be eligible for reimbursement of eligible expenses by the City for professional and technical courses subject to the following conditions and related Council Policy statements: A. Bo Co D° Department Head and City Manager approval must be obtained before enrollment in the course. Reimbursement shall be of tuition fees, textbooks, lab fees, or required supplies upon completion of the course with a satisfactory grade and after the completion of the initial probationary period. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same courses. Reimbursement for up to three hundred and fifty dollars ($350.00) in any calendar year will be paid upon receipt by the Personnel Department of proof of successful completion of the course and proof that payment of fees has been made. Article 21. Work Schedules. Ao Effective April 1, 1993 the City will implement the 9/80 work schedule (in a 14-day work cycle the employee works eight 9-hour days where the scheduled work Page 7 commences and ends at the same time each day, and one eight-hour work day, with one period of 3 consecutive days off and one period of two consecutive days off.) for all employees except Communications Operators who, no later than July 1, 1993, will work either a 3/12.5 schedule, (in a 28-day work cycle the employee works three 12.5 hour days where the scheduled work shift commences and ends at the same time each day, with 4 consecutive days off¢ in each seven (7) calendar day period, except that the employee must work one additional 10-hour shift during the work cycle) or 4/10 work schedule; (in a 7-day work cycle the employee work.s four 10-hour days where the scheduled work shift commences and ends at .[he Same time each day, with three consecutive days off) or some other schedule upon mutual agreement of the City and employee. Continuation of the schedules are subject to needs of the City provided that if a 4/10 or 3/12.5 work schedule is discontinued, affected employees will be placed on the 9/80 schedule. Upon mutual agreement of the City and employee, schedules other than those defined herein may be implemented. Bo Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. Article 22. LTD Plan. me Attachment "A" is a master policy for an employee Long-Term Disability Insurance Plan. This policy contains the primary components of a plan to be offered employees by the Canada Life Assurance Company as soon as possible but not later than January 1, 1994. Parties to this M.O.U. are in agreement with the master policy but retain the right to meet and confer on any provisions of the final Policy which are considered inconsistent with the intent of the parties. Bo The "Bank of Hours" program referenced in the Long-Term Disability Plan, adopted by reference to Attachment "A" in the current M.O.U., will be abolished upon the effective date of the Plan in A. above. Hours in the bank will be distributed equally to the general leave accounts of employees, provided that if such distribution results in the employee's account exceeding the authorized maximum accumulation, such excess will be paid at the employee's then current hourly rate. C, It is understood that extant liabilities of the City administered LTD Plan are to be satisfied as a condition to implementation of the Canada Life AssuranCe Company Plan. Funds on deposit which may not be needed to satisfy such liabilities will be applied to costs of the Canada Life Plan. D, In addition to provisions of the Long-Term Disability Insurance Plan, the City agrees to pay the same salary benefit paid by the Plan for disability leave which occurs after the employee has used eighty (80) consecutive hours of general leave during the 30 day period beginning with the 1st day of the leave. Page 8 Eo Flexible benefits will be continued for three (3) months of a disability leave and such time will be counted towards satisfying Federal FMLA and State of California FRA requirements. Article 23. One-Half Hour Lunch: Field Services Employees. The City has agreed to Field Services employees taking a one-half hour lunch in the field. This is in recognition of the fact that the City anticipated increased efficiency, because, as a general rule, employees will not return to the Corporation 'Yard for the lunch break. Article 24. Shift. Differential. Any Custodian, Communications Officer, Community Services Officer, Non-Sworn Investigator, or Records Clerk assigned on a regular basis (ten or more continuous working days) to a shift commencing between 2:30 p.m. and 3:00 a.m. shall receive a shift differential of twenty-five dollars ($25.00) per pay period. The right to assign and/or reassign an individual to a particular shift is the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject to the grievance and/or discipline appeals process. Article 25. Acting Pay. An employee assigned to work in a classification paid more than the classification he/she holds will receive a pay rate which is at least 5 % higher than the rate he/she is normally paid. This rate will be paid after the employee has been in the assignment for thirty (30) consecutive calendar days. Article 26. Performance Evaluations. An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall serve to restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. Article 27. Appeals and Hearings. SECTION 12. APPEALS AND HEARINGS of Resolution #88-103 will be amended to incorporate provisions of the attached Exhibit B. Article 28. Severance Pay and Assistance to Layoffees. mo Severance pay will be provided to employees who are laid off and not employed through an agreement between a contractor and the City of Tustin. Years of Service Hours Paid 1-5 40 6-10 80 11+ 120 Bo Letters of recommendation will be provided for employees whose performance was satisfactory on the date of their layoff. Co' Reasonable assistance in locating alternative employment will be provided for employees who are laid off. Page 9 Article 29. Management Ri_ehts Clause. Except as otherwise specifically provided in this resolution, the Personnel Rules & Regulation and Department Regulations, and amendments and revisions thereto, will remain in force and effect, whether exercised or not, and they are the sole and exclusive rights and functions of management, including, but not limited to: The right to contract or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities. The right to suspend provisions of this agreement in the event of, and for the duration of, an emergency as determined by the City Council, and/or by County, State or Federal action upon notification to the association regarding the nature and expected duration of the emergency. The right to determine staffing and to direct the work force, including the right to hire, promote, demote, evaluate, transfer, iay-off or discharge any employee. The right to take such further action as may be necessary, to organize and operate the City in the most efficient and economical manner to serve the public interest. Nothing contained herein shall be construed as a waiver by the Tustin Municipal Employees Association of any right to meet and confer and/or represent its members pursuant to the Meyer- Milias-Brown Act or any other applicable State or Federal law. Article 30. Scope of Renegotiation at Conclusion of Contract. All the provisions of this agreement and other conditions of employment appropriate to the meet and confer process shall be subject to renegotiation at the conclusion of the term of this agreement, and may thereafter be included in the meet and confer process ar the request of either party. Article 31. Administrative Regulations. City Manager may issue written administrative personnel regulations designed to augment or clarify the provision of this memorandum. Article 32. Effective Date. All provisions set forth herein shall be effective as to non- administrative, non-confidential and non-management general employees of the City of Tustin as of January 1, 1994, unless specified othe~,ise. Article 33. Application of Agreement. The parties agree that the term "employee" whenever used herein, whether singular or plural, means and applies only to those employees of the City included within the representative unit, represented by Tustin Municipal Employees Association, and that this Memorandum covers only said employees. It is not solely limited to the members of the Tustin Municipal Employees Association. Article 34. Gender. Words used in this memorandum in the singular include the plural, and the plural include the singular. Words appea~fing in the male gender include the female gender and the female gender include the male gender. Article 35. Severabilit¥. If any part of this Memorandum is rendered or declared invalid by reason of any existing or subsequently-enacted legislation, governmental regulation or order or Page 10 decree of court, the invalidation of such part of this Memorandum shall not render invalid the remaining parts hereof. * Article 36. Binding on Successors. This Memorandum shall be binding on the succesmrs and assigns of the parties hereto and no provisions, terms or obligations herein contained sSall be affected or changed in any way whatsoever by the consolidation, merger, transfer or assignment of either party hereto. Article 37. Ratification. This memorandum contains all the terms and conditions agreed, to between the partieS: The memorandum shall be of no force or effect unless and until duly approved, adopted, ratified, and agreed to by the City Council of City, or in alternative, tha: all of the substantive provisions contained herein are adopted by Resolution of the City Council. Article 38. Amendments. This memorandum can be altered or amended only bv w~:ten agreement between the parties hereto. Article 39. Notices. Notices hereunder shall be in writing, and if to Tustin Munic:.pal Employees Association, shall be mailed to Tustin Municipal Employees Association. c/o President, 300 Centep_nial Way, Tustin, CA 92680; and, if the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92680. ..- Article 40. Subject to State Law. Any provisions contained in this agreement to the comrary notwithstanding, the parties expressly understand and agree that City shall not be required to provide any compensation, fringe, or other benefits to employees which are contrary, to any provisions of State law and/or which will or may result in any limitation, disability or restriction upon the right of City to receive funds, share in funds, and/or receive other benefits from the United States of America, State of California, or any subdivision or agency of either of ;Sem or any other political subdivision or entity. Article 41. Conclusion of Agreement. This Agreement contains all of the covenants, stipulations and the provisions agreed upon by the parties. It is understood that all items relating to employee.wages, hours and other terms and conditions of employment not covered in this Agreement are covered by existing Ordinances, Resolutions, policies and practices of Ci.:v as well as the Personnel Rules and Regulations presently in effect. Therefore, for the life o:' this Agreement, City or T.M.E.A. shall not be compelled to meet and confe.[ concerning any mandatory bargaining or meet and confer issue, whether specifically met and conferred upon prior to the conclusion of this Agreement or which may have been omitted in the meeting and conferring which led up to the conclusion of this Agreement, except by mutual agreement of parties. Article 42. No Change of Benefits. During the term of this agreement there shall be no change of benefits or privileges contained in existing resolutions and rules not specific, ally revised by the provisions of this agreement, except after compliance with applicable laws. Article 43. Contract Bar. The recognition rights of Tustin municipal Employees Association shall not be subject to challenge for a period of not less than twelve (12) months following the Page 11 date of recognition or until the expiration of this Memorandum of Understanding, whichever is later; provided that recognition rights may be challenged between one hundred and twenty (120) and one hundred and fifty (150) days prior to the expiration of the Memorandum of Understanding and that no Memorandum of Understanding shall be construed to be a bar for a period of more than three (3) years. Existing Memorandums of Understanding shall remain in effect even when the recognition rights of employee organizations are changed in accordance with the provisions of this section. Article 44. Membership Meetings. T.M.E.A. shall be entitled to two (2) Citywide membership meetings each calendar year. These meetings are in addition to the Memorandum of Understanding ratification meeting allowed T.M.E.A.T.M.E.A. shall provide a minimum of two (2) weeks advance notice to the City of such meetings. Employees will be allowed up to one (1) hour of release time to attend each such meeting. Article 45. Term of Agreement. The term of this agreement shall be from the date of its execution to and including December 31, 1994. IN WITNESS WHEREOF, the parties hereto have executed this document this of . day CITY OF TUSTIN BY WILLIAM A. HUSTON City Manager TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION President MEMOU~.fnl