HomeMy WebLinkAboutNB 1 RESO 89-43 03-20-89 1
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NEW BUSINESS
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3-20-89
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RESOLUTION NO. 89-43
A RESOLUTION'OF THE CITY COUNCIL OF THE
CITY OF TUSTIN-DECLARING AN IMPASSE IN
NEGOTIATIONS WITH THE TUSTIN MUNICIPAL'EMPLOYEES
ASSOCIATION AND IMPLEMENTING MODIFICATIONS .FOR
EMPLOYEES REPRESENTED BY-THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION
WHEREAS, the Tustin Municipal Employees
Association (T.M.E.A.) represents non-administrative and
non-management employees; and
WHEREAS, the City and T.M.E.A. had previously
entered into a Memorandum of Understanding which by its
terms expired on December 31, 1988; and
WHEREAS, commencing in October 1988, the City
has participated in meet and confer sessions with
T.M.E.A. regarding a proposed new Memorandum of
Understanding for wages, hours and terms and conditions
of employment covering said employees for that period
which follows December 31, 1988; and
WHEREAS, as a result of said negotiations, the
City has developed and has made a final offer to
T.M.E.A.; and
WHEREAS, T.M.E.A. has failed to accept and has
thereby rejected said final offer; and
WHEREAS, a review of the final position of the
City and of T.M.E.A. discloses a multiplicity of major
issues on which the parties are in disagreement; and
WHEREAS, it is therefore apparent that the City
and T.M.E.A. have reached an impasse in their
negotiations; and
WHEREAS, the Memorandum of Understanding
between the City and T.M.E.A. has now expired and said
employees are no longer covered by any Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City as
follows:
1. That an impasse in negotiations for an
Agreement covering the period January 1, 1989 through
December 31, 1989 does exist; and
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2. That is appropriate to implement the
following salary and fringe benefit package for employees
affected by this impasse Resolution:
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A. Article 2. Cost of Living'Compensation
Increase
City shall increase salaries of all non-
administrative and non-management employee positions of
City by three and one-half percent (3 1/2%).effective
February 20, 1989. Each employee assigned to said
classifications shall receive a salary at the step in
which the employee is then serving.
B. Article 3. Uniform Maintenance Allowance
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)
C. Article 5. Equity Adjustment
Eliminate provision entirely.
D. Article 7. Downclassed Positions
Eliminate provision entirely.
E. Article 10. Medical and Dental Insurance
City will provide medical and dental insurance
and pay the full cost of the contribution toward the
funding of said program for the coverage of the employee.
The City will pay up to a maximum Of the rate in effect
on July 2, 1989, for the employees' dependents.
Thereafter the maximum rate paid by the City for health
insurance for an employee and his/her dependents shall
not be increased unless agreed upon by the City.
On or before April 1, 1989, T.M.E.A. shall
inform the City of the dental insurance carrier to be
d~signated as the City's sole dental insurance provider
for those employees enrolled in Health Net. Failure of
T.M.E.A. to provide such notice shall result in a
unilateral determination by the City.
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F. Article 11. Maintenance Uniforms
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. Effective April 28, 1990, 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. .
G. Article 17. 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. 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 employees after July 1, 1989, shall be
eligible for educational incentive pay. Any employee who
becomes ineligible for educational incentive pay shall
not be able to requalify.
H. Article 18. 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-time
employees will be eligible for reimbursement by the City
of tuition for professional and technical courses subject
to the following conditions and related Council Policy
statements:
1. Department Head and City Manager approval must be
obtained before enrollment in the course.
2. 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.
3. Tuition reimbursement shall not be made if the
employee is drawing veteran's education benefits or any
other reimbursement.for the same courses.
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4. Reimbursement for up to one hundred and seventy-five
dollars ($175.00) per semester for two (2) Semesters 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.
I. Article 22. Effective Date
Ail 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 February 20, 1989, unless specified otherwise.
J. Article 26. Severability
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 decree of court, the invalidation of such
part of this Memorandum shall not render invalid the
remaining parts hereof.
K. Article 34. Survey
Eliminate provision entirely.
L. Article 35. Rules and Requlations
Eliminate provision entirely.
M. Article 37. Conclusion of Agreement
This Agreement shall contain all of the
convenants, 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 City as well as the Personnel Rules and
Regulations presently in effect. Therefore, for the life
of this Agreement, City or T.M.E.A. shall not be
compelled to meet and confer 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 the parties.
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N. Performance Evaluations
Effective March 20, 1989, an employee may not
appeal or grieve a performance evaluation unless said
evaluation results in the denial of a merit increase.
O. Section 125 Benefits
During calendar year 1989 the parties will
review Internal Revenue Code Section 125 and its
potential application to the City of Tustin.
P. Membership Meetinqs
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.
Q. Incorporation of Prior Memorandum of
Understanding
Any provisions of the Memorandum of
Understanding which expired on December 31, 1988, which
have not otherwise been eliminated or altered by this
resolution, shall remain in full force and effect during
the term of this Resolution.
R. Term
This resolution shall remain in full force and
effect until December 31, 1989.
PASSED, APPROVED AND ADOPTED at a regular
meeting of the City Council of the City of Tustin,
California, held on the 20th day of March, 1989.
Ursula E. Kennedy, Mayor
ATTEST:
Mary Wynn, City Clerk