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HomeMy WebLinkAboutCC RES 89-435 ~4 ~7 2.3 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~Ao 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.sai(.~ negotiations, the. City has developed and has made ..~ final offer to T.M.E.A.; and WHEREAS, T.M.E.Ao has failed to accept and has thereby rejected said final offer; and WHEREAS, a review of the fiD. al 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 o f Understanding between the City and T oM.EoA, has now expired and said employees are no longer covered by any Agreement; follows: NOW, THEREFORE, BE IT RESOLVED by the City as 1. That an impasse in negotiations for an Agreement covering the period Janua~;y ir 1989 through December 31, 1989 does exist; and l0 27 2. That is appropriate to implement the following salary and fringe benefit package fQr employees affected by this impasse Resolution- 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 ..Adj ustment Eliminate provision entirely. .. D. Article 7. Downclassed Positions Eliminate provision entirely. E. Article 10.. Me. dical ..and Dent~l Insur.ance 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 designated 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. F. Article 1!,.. M.a_.inte.nanc~_~_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 ..!7.~. E~uc.a.t. ional Ince.n. tiv.e 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; howevers 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 R~imbursement 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 rela'te~ Council Policy statements: 1. Department Head and City Manager approval must be obtained before enrollment in the c¢.urseo 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. 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. Ar..ticle 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.. severabil ity 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... surv.ey Eliminate provision entirely. L. Article 35. Rules and Requlations Eliminate provision entirely. M. Article 37. Conclusion of Aqreement 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. N. _.Performance Evaluation~ 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. Sec.t. io.n.__ 12..5.__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 Meetin_~s 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 ToM.E~A. ToM.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 Prio~_M~.morandum of Understandinq _ 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 A~OPTED at a regular meeting of the City Council of the City of Tus.tin. California, held on the 20th day of March, 1989. Ursula E. Kennedy~ Mayor ~- ATTEST · MarY Wy~, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 89-43 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 20th day of March, by the following vote- AYES ' COUNCILPERSONS- Kennedy, Edgar, Kelly, Hoesterey NOES · COUNCILPERSONS · Prescott ABSTAINED · COUNCI LPERSONS · None ABSENT' COUNCILPERSONS · None MarY E. ~nn, C~~']~'