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HomeMy WebLinkAboutMOU T & O.C. E. A. 06-16-80 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND ORANGE COUNTY EMPLOYEES ASSOCIATIO!I WHEREAS, the City Council of the City of Tustin has on or about November 6, 1978, adopted Resolutions providing for the payment of compensatien and establishing the terms of employment for the non-administrative and non- management general employees of the City of Tustin; and WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq. and Section 17 of the Personnel Rules & Regulations of the City of Tustin, the City's employee representatives have met and con- ferred in good faith with the representatives of the Orange County Employees Association pertaining to the subject of wages, benefits and conditions of employment for the non-administrative and non-management general employees of City; and WHEREAS, the meetings between Orange County Employees Association and the City have resulted in an agreement and understanding to recon~end that the em- ployees represented by the Orange County Employees Association accept all of the terms and conditions as set forth herein and that the City Council 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. W I TNESS E T'H Article 1. City has previously recognized Orange County Employees Associa- tion as the majority representative of all non-administrative and non-management general employees of City for the purpose of representation on issues of wages, hours and other terms and conditions.of employment. As majority representative, the Orange County Employees Association is empowered to act on behalf of all non- administrative and non-management general employees of City, whether or not they are individually men~)ers of the Orange County Employees Association. Article 2. Cost-of-Living Compensation Increase. City shall increase salaries of all non-administrative and non-management general employees of City by ten and one-half (10.5%) effective pay period starting on June 30, 1980. Article 3. Overtime Compensation. City shall pay all non-administrative and non- management general employees of City time and one-half premium pay for all overtime hours worked in excess of eight (8) hours per shift and forty (40) hours per week commencing June 30, 1980. General Leave 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 pay. Article 4. Management Rights Clause. Except as otherwise specifically provided in this resolution, the Personnel Rules & Regulations or Departmental Regulations, or amendments or recisions thereto, the City has and retains, whether exercised or not, tile 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 Council, County, State or Federal action with notification of 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, lay off or dis- charge 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. Except as stated above, nothing contained herein shall be construed as a waiver by the Orange County 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 5. Scope of Renegotiation at Conclusion of Contract. All provisions of this agreement and other conditions of employment appropriate to the meet and confer process are subject to renegotiation at the conclusion of the contract period and shall thereafter be included in the meet and confer process at the request of either party. Article 6. Miscellaneous Provisions. Ao Avoidance of Inequities. The City Administrator may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any provision or provisions of this memorandum. Bo Administrative Regulations. City Administrator may issue written administrative personnel regulations designed to augment or clarify the provisions of this memorandum. Article 7. Effective Date. All provisions set forth herein shall be effective as to non-administrative and non-management general employees of the City of Tustin as of June 30, 1980. Article 8. 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 Orange CountyEn~loyeesAssociation, and that this memorandum covers only said employees. It is not solely limited to the members of the Orange County Employees Association. Article 9. Gender. Words used in this memorandum in the singular include the plural, and the plural include the singular. Words appearing in the male gender include the female gender and the female gender include the male gender. Article 10. Severability. If any part of this memorandum is rendered or declared invalid by reason of any existing or subsequently-enacted legislation, governmental regulation Qr order of decree of court, the invalidation of such part of this memo- randum shall not render invalid the remaining part hereof. -2- Article ll. Binding on Successors. This memorandum shall be binding on the successors and assigns of the parties hereto and no provisions, terms or obligations herein contained shall be affected or changed in any way whatsoever by the consoli- dation, merger, sale, transfer or assignment of either party hereto. Article 12. Ratification. This memorandum contains all the terms and condi- tions agreed to between the parties. This memorandum shall be of no force or effect unless or until duly adopted, ratified, and agreed to by the City Council of City, or in the alternative, that all of the substantive provisions contained herein are adopted by resolution of the City Council. Article 13. Amendments. This memorandum can be altered or amended only by written agreement between the parties hereto. Article 14. Notices. Notices hereunder shall be in writing and, if to Orange County Employees Association, shall be mailed to Orange County Employees Association, c/o John E. O'Malley, 830 North Ross Street, Santa Ana, California 92701; and, if to City, shall be mailed to City Administrator, City of Tustin, 300 Centennial Way, Tustin, California 92680. Article 15. Subject to State Law. In addition to the provisions otherwise provided herein, the parties expressly understand and agree that City shall not be required to accord 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 the 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 them or any other poli- tical subdivision or entity. Article 16. Term of Agreement. This agreement shall be and remain in effect from the date of execution to and including June 28, 1981. Article 17. Conclusion of Agreement. This agreement shall contain all of the covenants, stipulations and the provisions agreed upon by the parties. It is under- stood 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, re- solutions, policies and practices of the City as well as the Personnel Rules & Regulations presently in effect. Therefore, for the life of this agreement, neither party shall be compelled to bargain with the other concerning any mandatory bargaining issue, whether specifically bargainin§ about prior to the conclusion of this agreement or which may have been omitted in the bargaining which led up to the conclusion of this agreement, except by mutual agreement of the parties. Article 18. No Change of Benefits. During the life of this agreement there shall be no change of benefits or privileges contained in existing resolutions and rules not specifically revised by the provisions of this agreement, except after compliance with applicable laws. IN WITNESS WHEREOF, the parties hereto have executed this document this day of June, 1980. CITY OF TUSTIN BY ATTESTS: MARY E. WYNN City Clerk APPROVED AS TO FORM: JAMES G. ROURKE City Attorney DONALD J. SALTARELLI Mayor ORANGE COUNTY EMPLOYEES ASSOCIATION BY RICHARD A. BROWN Staff Analyst MARK EXTER Chairperson -3-