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HomeMy WebLinkAboutResolution 98-90 MEETING AGENDA DATE-VUQ420 ITEM ...,A..l,$..,. RESOLUTION 98-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND LOCAL 817 SERVICE EMPLOYEES INTERNATIONAL UNIT ATASCADERO CHAPTER CLERICAL BARGAINING UNIT WHEREAS, the City of Atascadero has met and conferred in good faith with Local 817 Service Employees International Union (S. I .E.U. ) Atascadero Chapter Clerical Bargaining Unit for the purpose of discussing wages, benefits, and other conditions of employment ; and WHEREAS, the City of Atascadero and the Atascadero Chapter Clerical Bargaining Unit have reached an agreement regarding said wages, benefits, and other conditions of employment for the term of Fiscal Years 1990/91 , 1991/92 and 1992/93; • NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and Local 817 Service Employees International Union Atascadero Chapter Clerical Bargaining Unit for Fiscal Years 1990/91 , 1991/92 and 1992/93, and authorizes the City Manager , as the Employee Relations Officer , to enter into said agreement on behalf of the City. On motion by Councilperson Nimmo and seconded by Councilperson Dexter , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: Councilmembers Shiers, Borgeson, Dexter, Nimmo and Mayor Lilley NOES: None ABSENT: None ADOPTED- July 10, 1990 • • ATTE T: LEE DAYKA, Citq Clerk ROBERT LILLE` , Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ItAl L��� % ARTHE MON TAN ON, ity Attorney RAY WINDSOR, City Manager . res9890 • 0 • MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADER0 AND LOCAL 817 SERVICE EMPLOYEES INTERNATIONAL UNION ATASCADYRR0 CHAPTER CLERICAL BARGAINING UNIT I This Memorandum of Understanding is entered into between the Employee Relations Officer of the Ci of Awwadero, hereinafter referred to as "City," and the Local 817 Service Employees International Union, Atascadero Chapter Clerical Bargaining Unit, hereinafter referred to as "Union," and made pursuant to California Government Code Sections 3500 et seq., City of Atascadero Municipal Code, Title 2, Chapter 2, Section 2 -2.01 through Section 2-2.1.3, inclusive, and the City of Atascadero Resolution No. 12 80,dated July 14, 1980 and subsequent amendments thereto. The pities have met and conferred in good faith regarding employment terms and conditions for members of the Unit as recoenized by the City of Atascadero on May 9, 1983,and, having reached an agreement, as lerein set forth, submit this memorandum to . the City Council with a joint recommendation that the Council resolve to adopt the terms and conditions and take such other additional actions as may be necessary to implement its provisions. Section 1.0 Purpose. It is the purpose of the Memorandum of Understanding,hereinafter referred to as "MOU," to promote and provide for continuity of operation in employment through harmonious relations,cooperation and understand' between Management and employees covered b the provisions this MOO and to set fourth the understanding reached between the parties as a1 result of good faith negotiations on matters set forth herein. Section 2.0 pull Understanding, Modifications and Waiver. 2.1 This MOO sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other pricer or existing understanding or agreement by the parties,whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum. 2..2 No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by both parties hereto and, if required, approved and implemented by the City Council. • 2.3 The waiver of any breach,term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. S.131U. Clerical Unit • Section 3.0 Vacation and Holidays. 3.1 Vacation leave shalll be credited, computed and used as specified by Section 9.0, Employee Benefits, of Resolution No.12-80, dated July 14, 1980. 3.2 It is agreed and understood that the taking of vacation shall be as scheduled by the Department Head subject to the needs of the City. 3.3 Holidays shall.be observed in accordance with Section 9.4, Employees Benefits, of Resolution No. 12-80 dated July 14,1980, and Resolution No. 52-82, Section 5, Subparagraph K dated November 8, 1982. 3.4 Floating holidays, as provided for in sub-section 3.3 above, may be used any time after January 1st of each year. 3.5 December 24, 1990, shall be observed as a holiday. 3.6 Martin Luther Kings Birthday shall be observed as a holiday for employees in January 1992. Section 4.0 Salaries and Health Insurance. 4.1 Salaries. 4.1.1 Effective the first day of the first full pay period in July 1990, salaries in effect on June 30, 1990 shall be increased by five percent(5%). • 4.1.2 Effective the first day of the first full pay period in July 2991, employees shall receive a salary increase which shall be determined by the Los Angeles/Anahiem/ Riverside, Urban Wage Earners and Clerical Workers, May to May (printed by the BLS on about June 20, 1991),Consumer Price Index. The salary increase shalt equal the full percentage change of the CPI-W up to five percent(;%)plus one-half of the full percentage change above five percent(5%). EXAMPLE: .Assume the CPT-W= 6.6% Eaeh f �r issavinval creat Therefore, full CPT-W up to 5% +112 of CPI-W over 5% is: 5% +0.8%n [6.6-5.0 : 1.6; (1.6)/2 = 0.81 w 5.8% OY, 4.1.3 Effective the first day of the first PAPA49 a uly 992, employees shall receive a salary increase which shall be determined by the formula detailed in 4.1.2 above but with appropriate effective dates. 4.2 Salary Administration. 4.2.1 Newly hired employees shall normally be placed at Step A. Advanced step hiring may be approved by the City Manager. 4.2.2 Movement between steps shall be at twelve month intervals and subject to satisfactory performance. 'The initial step movement after hiring, however,shall be after twelve months or after completion of probation,whichever occurs later. Page 2 S.EJ.U. Clerical Unit 4.3 Special Adjustments. • In addition to increases provided above, the City shall make a special range adjustment of five percent(S%v)on the first day of the first full pay period in July 1990 for all cWsifications in the Unit except the class of Building Aide. tO 4:37-Health Insurance. 4. I The City shall continue to provide the current medical and dental benefits. 4.12 `t.'he Medical Insurance Committee may recommend changes in the level of service and service providers to the City during the term of the agreement. 4.1.3 During the term of this MOU,the City shall continue to make the contribution it was making effective June 30, 1990, plus it shall pay 100% of employee only cost increases, and 50% of dependent cost increases. if the increase cost for dependent coverage exceeds thirty-five(35%)percent in any one year during the term of this MOU the employee shalt pay that portion in excess of thirty-Dive(35%)percent. 4.�4 For those employees without dependents or who do not choose to enroll their dependents in the City sponsored medical and dental plan, the amount of the City contribution shalt be paid to the employee as an addition to his/her regular pay. v\'a 4A Vumon Insurance During the term of this MOU, the City shalt continue to provide employee only vision insurance at no cost to the employee. ;Section 5.0 Union security 5.1 .1 Dues Deductions. The City and Union agree that requests for, changes in, and cancellations of union dues and other deductions shall be promptly processed through the Finance .Department and put into effect at the employees request. Deductions shall be made from each paycheck and remitted to the Union monthly. Requests for deductions shall be made by City-approved authorization cards in accordance with applicable State law. The City will process changes in the amount of Union dues as often as once every three months. Dues deduction amounts may vary between employees. The City will notify the Union of all changes in deduction.monthly. 5.1 .2 Maintenance of Membership. Any employee on dues deductions as provided in S.1 .1 above on the effective date of this MQU and any employee who commences such dues deductions during the term of this MOU, shall continue such clues deduction for the balance of the term of the MOU, unless such employee gives the proper notification to the Union to withdraw from dues deduction during the month of March of any year during this MOU. 5.1.3 Union shalt indemnify and save harmless the City of Atascadero, its officers, Gents, and employees from any and all claims , demands , damages, casts , expenses,or liability arising out of Section 5. 5..2 Union Access. A) The City agrees that an authorize union staff member may be granted access to a work location to participate in investigation and processing of grievances per the grievance procedure or to observe working conditions, when and to the extent Page 3 S.E.I.U. Clerical Unit necessary, andonly if it will in no event adversely affect the operational, security or safety requirements of the city, upon the approval of the Employee Relations Nicer or his/her designee. B) The Union shall provide the Employee Relations Officer with a list of all authorized staff representatives, and the listshalt be kept current by the Union. C:) When and to the extent necessary and only if it will in no event adversely affect the operational,security or,safety requirements of the City and upon notification and approval of the Employee Relations Officer or his/her designee, an authorized union staff member is permitted to communicate with employee(s) and/or union steward(s) on official City time without said employee(s) and/or union steward(s) loss of compensation. It is not the intent of this section to allow general union meetings on City time; but rather to allow investigation and discussion of working conditions, grievances and safety issues. I3) It is understood that every reasonable effort shall be made to perform the above activities on off-duty time. E) The City will allow the use of existing bulletin board space. Bulletin board space shall be used only for the following subjects: 1) Local 817 recreational information, social and related news bulletins; 2) scheduled meetings; 3) information concerning elections or results thereof; and d) reports of official business of Local 817. Prior to posting items shall be initialed by an authorized representative of the Union iand City. All outdated materials must be removed by the Union. 5.3 Union Stewards. A) The City authorizes the unit to appoint three(3) "union stewards", any one of which may represent an employee subject to the City's grievance procedure. B) The Union shall provide the employee Relations dicer with a list of all authorized union stewards,and the list shall be kept current. C) An employee and/or his/her "union steward" representative may, when and to the extent necessary,take official City time without loss of compensation in order to participate in the investigation and processing of a grievance,upon notification and approval of the Employee Relations Officer or his/her designee. D) The Employee Relations Officer will approve employee and/or union steward taking official time to investigate and process a grievance when and to the extent necessary and only if it will in no event adversely affect the operational, security or safety requirements of the City. E) It is understood that the employee and or union steward shall make every reasonable effort to perform the above activities on off duty time. Section 6.0 Contracting Out. The C'.ity will give reasonable notice to the Union if it intends to contract out the functions currently performed by employees within the Unit Upon request,the City will meet with the Union to explain the reason for the decision to contract out and to solicit Union views Page 4 S.E.W. Clerical Unit on the proposal. Nothing in this section shall be construed to limit the rights of the City Council to contract out work in its sole discretion. Section 7.0 Term Life Insurance. 7.1 City shall maintain a term life insurance policy for each unit member in a total amount of Twenty Thousand dollars ($20,000.00). City shall pay all premiums for such policy during the term of this 11 OU. 7.2 The City shall maintain a term life insurance policy for each dependent of each unit member in a total amount of One Thousand.Dollars ($1,000.00)per dependent and shall pay all premiums for such policy during the term of this Agreement. 7.3 For those employees without dependents or who do not choose to enroll their dependents in the City sponsored life plan, the amount of the City contribution shall be paid as an addition Section 8.0 General.Benefits. to his/her regular pay. A. 8.1 It is agreed that overtime, compensatory time off(CTO), retirement, leaves and other benefits and conditions of employment shalt be as specified by City Resolutions No. 12 -80, 31-81 and 52-82 and Atascadero Municipal Codes, Title 2, Chapter 2, inclusive. Pregnancy leave shall be provided in accordance with State Law. 8.2 The City agrees to add grandparents to the list of family members for whom the employee is allowed to take bereavement leave. 8.3 Sick Leave for Dependent Care. A regular employee may use sick leave for the care of relatives who are ill, injured or pregnant and who are living in the employee's household. 8.4 Pay on Promotion. An employee who is promoted shall receive a salary increase of at least one step (5%). Therefore,the employee shall be placed on step "A", or that step which produces at least a one step salary increase. Section 9.0 Probationary Period. The probationary period for newly hired employees shall be twelve months. The "ationary period for employees promoted to a higher classification shall be six months to the neve classification. The City shall have the option of granting a newly hired employee regular status at any time after nine(9)months of service. Section 10.0 Shift Changes. The City shall give employees reasonable notice of routine shift changes. Emergency shift changes shall be made on an as needed basis. Section 11.0 State Disability Insurance. 11.1. City shall continue to provide State Disability Insurance as an employee cost through payroll. deduction. Page S S.E.W. Clerical Unit 11.2 State Disability Insurance shall be integrated with sick leave with the objective of Providing full compensation. Section 12.0 Retirement The City shall amend the Retirement system to provide Post Reirement Survirors Benefit effective July, 1991. Section 13.0 Personnel Rules and Regulations The parties agree to meet on the implementation of new Personnel Rules and Regulations. The meetings will include all interested Employee Organizations in the City, however the Union reserves its right to maintain an independent position(s)on the proposed changes. Section 14.0 Grievance Procedure. Employees shall be entitled to utilize the grievance procedure as outlined in Section 6.0 of Resolution No. 12-80. Section 15.0 Management Rights. The authority of the City includes,but is not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service, and promotion; direct its employees; take disci Unary action for "just cause"; relieve employees from duty because of tack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, marming and personnel by which governmental operations are to be conducted, determine the content of job classif"tions; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; provided, however, Haat the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or itupact that decisions on these matters may have on wage,hours and other term of employment. Section 16.0 Provisions of Law. 16.1 This MOU is subject to all current applicable federal,state and local laws, regulations and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this Agreement. '16.2 If any part or provision of this MOU is in convict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise heli to be invalid or unenforceable by any tribunal or competent jurisdiction,such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. Page 6 S.E.W. Clerical unit • Section 17.0 Applicability of other MOUs,Rules and Regulations. It is agreed that all provisions of any existing or prior, understandings or personnel policies, customs, practices and actions not specifically included in Atascadero Municipal Code, Title 2, Chapter 2, inclusive, and associated rules and regulations adopted by the City Council of the City of Atascadero,shall be superseded by the provisions of this MOU. Section 18.0 Peaceful Performance Clause. 18.1 The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Atascadero. Association agrees that under no circumstances will the Association recommend, encourage, cause or promote its members to initiate, participate in,nor will any member of the bargaining unit take part in, any strike, sitdown, stay-in, sckout, slow-dawn, of picketing (hereinafter collectively referred to as "work.-stoppage") , in any office or department of the City, nor to curtail any work: or restrict any production:, or interfere with any operation of the City. In the event of any such work,stoppage by any member of the bargaining unit,the City shall not be required to negotiate on the merits of any dispute which may have risen to such work stoppage until said work stoppage has ceased. 18.2 In the event of any work stoppage, during the term of this MOIJ, whether by the Association or by any member of the bargaining unit, the.Association by its officers, shall immediately declare in writing and publicize that such work stoppage is illegal and unauthorized, and further direct its members in writing to cease the said conduct and resume work.. Copies of such written notices shall be served upon: the City. If in the obligations of this paragraph, and providing the Association has not otherwise authorized, permitted or encouraged such work stoppage, the Association shall not be liable for any damages caused by the violation of this provision. However,the City shall have the right to dicipline,up to and including discharge,any employee who instigates,participates in,or gives leadership to, any world stoppage activity herein prohibited, and the City shall also have the right to seek full legal.redress,including damages,against any such employees. Section 19.0 Irttplementation, 13.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon parties either in whole or in part unless and until said City Council: a) acts, by a majority vote, formally to approve and adopt said MOU,b) and acts its a timely manner to appropriate the funds necessary to implement the provisions of this MOU which,require funding. 19.2 Notwithstandintg the foregoing, in the event the City Council faire to take all:of the actions necessary for timely implementation of this MOU, either party may request the renewal of the meet and comer press. Section XO Term of Agreement. 20.1 This MOU shall be effective as of 0001 a.m., July 1, 1990, and shall remain in • effect,unless modified by mutual agreement, until midnight June 301, 1:993. 20.2 If either party wants to renegotiate a successor agreement, such party shall serve Page 7 S.E.W. Clerical Unit • upon the other during the period March 1st to April 1st of the last year of this Agreement, its written request to reopen the Agreement as well as its written proposals to amend this Agreement. Upon receipt of such written notice and receipt of the proposals, negotiations shall begin no tater than thirty(30)clays after such receipt or May Ist,whichever is later. DATE , 7/Zj 0 Z20 , Atascadero Clerical Bargaining Unit City of Atascadero • • Page 8