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