HomeMy WebLinkAboutResolution 101-96 RESOLUTION 101-96
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ATASCADERO AND
LOCAL 620 SERVICE EMPLOYEES INTERNATIONAL UNIT
ATASCADERO CHAPTER BARGAINING UNIT
BE IT RESOLVED by the City Council of the City of Atascadero as follows:
WHEREAS, The City of Atascadero has met and conferred in good faith with Local 620
Service Employees International Union (S.E.I.U.) Atascadero Chapter Bargaining Unit for the
purpose of discussing wages, benefits, and other conditions of employment; and
WHEREAS, The City of Atascadero and the Atascadero Chapter Bargaining Unit have
reached an agreement regarding said wages, benefits, and other conditions of employment for
the term of Fiscal Year 1995/96;
NOW, THEREFORE, BE IT RESOLVED, that the Atascadero City Council hereby
approves the Memorandum of Understanding between the City and Local 620 Service
Employees International Union Atascadero Chapter Bargaining Unit for Fiscal Year 1994/95
and authorizes the City Manager, as the Personnel Officer, to enter into said agreement on
behalf of the City.
On motion by Councilperson Johnson and seconded by Councilperson Luna, the
foregoing resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Councilmembers Johnson, Luna, Bewley, Carden and Mayor Highland
NOES: None
ABSENT: None
ADOPTED: November 12, 1996
CITY OF ATASCADERO
By. �-
ATTEST: G ORG . HIG D, Mayor
-
_ 6��
CINDY HOLM N, Deputy City Clerk
APPROVED AS TO FORM:
AR HER R. TAN N, City Attorney
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RESOLUTION NO. 101-96
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ATASCADERO
AND
LOCAL 620 SERVICE EMPLOYEES INTERNATIONAL UNION
ATASCADERO CHAPTER
This Memorandum of Understanding is entered into between the Personnel Officer of
the City of Atascadero, hereinafter referred to as "City", and the Local 620 Service
Employees International Union, Atascadero Chapter Bargaining Unit, hereinafter
referred to as "Union", and made pursuant to California Government Code Section
3500 et seq., City of Atascadero Municipal Code, Title 2, Chapter 2, Section 2-2.01
through Section 2-2.12, inclusive, and the City of Atascadero Resolution No. 12-80,
dated July 14, 1980 and subsequent amendments thereto.
The parties have met and conferred in good faith regarding employment terms and
conditions for members of the Unit as recognized by the City of Atascadero on April 12,
1982, and, having reached an agreement, as herein 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 understanding between Management and
employees covered by the provisions of the MOU and to set forth the understanding
reached between the parties as a result of good faith negotiations on matters set forth
herein.
SECTION 2.0 FULL UNDERSTANDING, MODIFICATIONS AND WAIVER.
2.1 This MOU sets forth the full and entire understanding of the parties regarding
the matters set forth herein. Any other prior or existing understanding or
agreement by the parties, whether formal or informal, regarding any such matter,
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
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shall not constitute a precedent in the future enforcement of all its terms and
conditions.
SECTION 3.0 VACATION AND HOLIDAYS.
3.1 Vacation leave shall 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 Employees transferring from the County shall use their County hire date to
determine their vacation accrual entitlement.
3.4 Holidays shall be observed in accordance with Section 9.4, Employee Benefits,
of Resolution No. 12-80 dated July 14, 1980, and Resolution No. 52-82, Section
5, Subparagraph K dated November 8, 1982.
3.5 Floating holidays, as provided for in subsection 3.4, above, may be used
between January 1 st and December 31st of each year.
3.6 Martin Luther King's Birthday shall be observed as a holiday for employees.
3.7 Employees in the following job series; Building Inspector, Building Maintenance
Specialist, Engineering Technician, Maintenance Leadworker, Maintenance
Worker, Planning Technician, and WWTP Operator, who work on a City holiday
shall be paid time and one-half 1% their base hourly rate for the hours worked
on the holiday, plus compensation for the holiday as provided in sub-section 3.4
above.
SECTION 4.0 SALARIES HEALTH INSURANCE,AND RETIREMENT.
4.1 Salaries
4.1.1 Salaries in effect on June 30, 1994, shall be increased by 0.9% (nine tenths of a
percent) in the form of nineteen (19) hours furlough for the fiscal year. Furlough
time must be used prior to June 30, 1996 and scheduled to meet departmental
needs. Nineteen (19) hours furlough will be added each fiscal year to be used
within the fiscal year,until the City's financial situation is such that the 0.9% can
be added to base salary.
4.1.2 The parties agree that future Cost of Living Allowances and health benefits for
bargaining units that negotiated for fiscal year 1995/96, shall be equal to all
other City employees. Unit employees shall receive any increases in
benefits to COLA„ health benefits and leave accruals in an amount at least
equal to that which is received by other bargaining units for Fiscal Year
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1995/96. The cost of these additional benefits shall be calculated in a
manner to provide accurate comparison with the other bargaining unit.
4.1.3 Total Compensation. The parties agree and acknowledge that salary, employer
paid retirement costs and employer contributions towards insurance(s) shall
constitute "total compensation" and will be the basis of comparison in future
negotiations.
4.2 Salary Administration.
4.2.1 Newly hired employees shall normally be placed at Step A. Advance 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.
4.3 Health Insurance.
4.3.1 The City shall pay a total of $400.00 per month toward the cost of all medical,
dental and vision and life insurance benefit premiums for each unit employee
and dependents under City sponsored plan for the term of this agreement. For
fiscal year 1995/96 the City shall pay for increased costs to medical, dental,
vision and life insurance premiums for employee and fifty percent 450%1 of
increased costs for dependents based upon HMO plan costs.
4.3.2 The Health Insurance Committee, as sanctioned by the City Council, shall have
representation from each recognized bargaining unit. For recommended
changes each recognized bargaining unit shall have authority to vote on a
pro-rated basis, provided all bargaining units agree with this methodology.
Without unanimous approval by all bargaining units, the formula shall
remain one vote per unit. Upon approval by all units, the ratio shall be
based on the number of unit employees to the number of employees
eligible for health benefits. The Health Insurance Committee may, by a
majority vote recommend changes, for approval by the City Council in the level
of service and service providers to the City during the term of this agreement.
4.3.3 Employees without dependents or who do not choose to enroll their dependents
in the City sponsored health plan, will receive the amount of remaining
premium as an addition to their regular pay.
4.4 Retirement.
4.4.1 The City shall contact the Public Employees Retirement System for the purpose
of requesting a valuation for the 2% @ 55 benefit for miscellaneous members.
The valuation shall be requested no later than June 30, 1996.
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4.5 Life Insurance.
4.5.1 The City shall maintain a term life insurance policy for each unit member in a
total amount of Twenty Thousand dollars ($20,000.00).
4.5.2 The City shall maintain a term life insurance policy for each dependent of each
unit member if dependents are enrolled in medical/dental coverage, in a total
amount of One Thousand dollars ($1,000.00) per dependent.
SECTION 5.0 GENERAL BENEFITS
5.1 It is agreed that compensatory time off (CTO), retirement, leaves and other
benefits and conditions of employment shall be specified by City Resolution 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 and
Federal Law.
5.1.1 Overtime, except training time, shall be compensated at the rate of time
and one-half pay for hours worked in excess of 40 hours in each work
week. Paid time off shall be considered time worked for overtime
compensation. Overtime hours shall be calculated per Resolution 52-82,
Section 9, amending City of Atascadero Rules and Regulations Section
10.18.3.
5.2 Standby: Employees assigned standby duty shall receive Twenty-five Dollars
($25.00) for each day of standby duty. Employees called back to work shall
receive a minimum of two hours pay at straight time. Employees working in
excess of one hour and twenty minutes once called back shall receive time and
one-half pay for hours worked in excess of one hour and twenty minutes, or two
hours straight time, whichever is greater.
5.3 Uniforms: The City shall provide uniforms to Unit employees and replace them
on an as needed basis, for those employees required to wear uniforms. Jackets
will be included as part of the uniform provided.
5.4 Bereavement: The City agrees to add grandparents to the list of family members
for whom the employee is allowed to take bereavement leave.
5.5 Work Shoes: During the term of this MOU, the City shall contribute One-
Hundred and Ten Dollars ($110.00) to each maintenance employee for the
purchase of appropriate footwear. Proof of purchase is required. Once
purchased, such appropriate footwear must be worn while working.
5.6 Pay on Promotion: An employee who is promoted shall receive asalary
increase of at least one step (5%). Therefore, the employee shall be placed on
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step "A", or that step which produces at least a one step salary increase.
5.7 Tuition Reimbursement: The City shall reimburse an employee up to $400.00
per fiscal year for books, tuition and related educational expenses for attending
college or other professional training, providing the coursework is job-related,
and the employee received a passing grade.
5.8 Sick Leave
5.8.1 An employee may use a maximum of forty (40) hours sick leave per fiscal year,
for the care of dependents who are ill, injured or pregnant and who are living in
the employee's household. In extenuating circumstances, the employee may
make a request for additional sick leave to be used for dependent care, to their
Department Head who shall make a recommendation to the City Manager for
final approval.
5.8.2 Sick Leave Incentive. To be eligible for this benefit an employee must:
a. Have accumulated 48 days of sick leave.
b. The sick leave pay-off will occur during the next 12-month period
(November 1 to October 31) after an employee has accumulated
and maintained 48 days on the books.
C. In the event an employee covered by this agreement donates up to
12 days of sick leave in any one year, to the Employee Sick Leave
Bank, it shall not count against the 48 days accumulation for
eligibility to receive the incentive pay-off for that year.
d. Once the eligibility requirements have been met, an employee may
opt to receive a pay-off equal to one-third (1/3) of the unused
annual allotment of sick leave. (The annual allotment is twelve
(12) days.
e. The time period for determining annual usage will be November 1
to October 31, each year. Checks will be prepared by December
15 of each year.
SECTION 6.0 PROBATIONARY PERIOD.
The probationary period for newly hired employees shall be twelve months. The
probationary period for employees promoted to a higher classification shall be six
months in the new 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 7.0 REST PERIODS.
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Any employee required to work more than sixteen 16 hours within a twenty-four hour
period shall be entitled to an eight hour rest period prior to returning to work. If any
portion of the eight hour rest period occurs during the employees' regularly scheduled
work hours, the employee shall receive normal compensation for that time. This
section shall not apply in the case of emergencies.
SECTION 8.0 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 9.0 PATCHING/PAVING WORK.
The City shall make a reasonable attempt to schedule patching work during days/times
when temperatures are not expected to exceed 100 degrees. It is mutually understood
that employees working with paving contractors must adhere to the contractors work
schedules.
SECTION 10.0 STATE DISABILITY INSURANCE.
10.1 The City shall continue to provide State Disability Insurance as an employee
cost through payroll deduction.
10.2 State Disability Insurance shall be integrated with sick leave with the objective of
providing full compensation.
SECTION 11.0 WORK GLOVES.
11.1 The City shall continue to provide employees with leather palmed work gloves.
11.2 The City shall issue regulations establishing reasonable standards for provision
of the gloves, replacement of gloves, and the maximum number of gloves made
available during any fiscal year.
SECTION 12.0 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 13.0 GRIEVANCE PROCEDURE.
13.1 Employees shall be entitled to utilize the grievance procedure as outlined in
Section 6.0 of Resolution No. 12-80.
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RESOLUTION NO. 101-96
SECTION 14.0 UNION
14.1 Union Security
14.1.1 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 employee's request. Deductions
shall be made from each paycheck and remitted to the Union at the end of each
payperiod.
14.1.2 Maintenance of Membership
Any employee in a position covered by this MOU, on dues deductions as
provided in 5.1.1 above, on the effective date of this MOU and any employee
who commences such dues deductions during the term of this MOU, shall
continue such dues 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.
14.1.3 Union shall indemnify and save harmless the City of Atascadero, its officers,
agents, and employees from any and all claims, demands, damages, costs,
expenses, or liability arising out of Section 5.
14.2 Union Access
A) The City agrees that an authorized 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 necessary, and only if it will in no event adversely affect the
operational, security or safety requirements of the City, upon the approval of the
Personnel Officer or his/her designee.
B) The Union shall provide the Personnel Officer with a list of all authorized
staff representatives, and the list shall be kept current by the Union.
C) When and to the extend 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 Personnel 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.
D) It is understood that every reasonable effort shall be made to perform the
above activities on off-duty time.
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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 620 recreational
information, social and related news bulletins; 2) scheduled meetings; 3)
information concerning elections or results thereof; and 4) reports of official
business of Local 620.
Prior to posting, items shall be initialed by an authorized representative of the
Union and City. All outdated materials must be removed by the Union.
14.3 Union Stewards
A) The City authorized the unit to appoint five (5) "union stewards". Any one
steward may represent an employee subject to the City's grievance procedure.
B) The Union shall provide the Personnel Officer 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 extend 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 Personnel Officer or his/her designee.
D) The Personnel 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 15.0 CONTRACTING OUT.
The City 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 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 16.0 MANAGEMENT RIGHTS.
The authority of the City includes, but is not limited to the exclusive right to determine
the mission of its constituent department, commissions and boards; set standards of
service; and promotion; direct its employees; take disciplinary action for "just cause';
relieve employees from duty because of lack of work or for other legitimate reasons;
maintain the efficiency of governmental operations; determine the methods, staffing,
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and personnel by which governmental operations are to be conducted; determine the
content of job classifications; 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, that the exercise and retention of
such rights does not preclude employees or their representatives from consulting or
raising grievances over the consequences of impact that decisions on these matters
may have on wages, hours and other terms of employments.
SECTION 17.0 PROVISIONS OF LAW.
17.1 The 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.
17.2 If any part or provision of this MOU is in conflict or inconsistent with such
applicable provisions of federal, state or local laws or regulations, or is otherwise
held 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.
SECTION 18.0 APPLICABILITY OF OTHER MOU'S 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 19.0 PEACEFUL PERFORMANCE CLAUSE.
19.1 The parties to the 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, slow-down, of picketing (hereinafter collectively referred to as "work-
stoppage"), in any office or department of the City, nor to curtail may 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.
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19.2 In the event of any work stoppage, during the term of this MOU, 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 shall not be liable for any damages caused by the violation of
this provision. However, the City shall have the right to discipline, up to and
including discharge, any employee who instigates, participates in, or gives
leadership to, any work stoppage activity herein prohibited, and the City shall
also have the right to seek full legal redress, including damages, against any
such employees.
SECTION 20.0 IMPLEMENTATION.
20.1 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 in a
timely manner to appropriate the funds necessary to implement the provisions of
this MOU which require funding.
20.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the
actions necessary for timely implementation of this MOU, either party may
request the renewal of the meet and confer process.
SECTION 21.0 TERM OF AGREEMENT
21.1 This MOU shall be effective as of 0001 a.m., July 1, 1996 and shall remain in
effect until midnight June 30, 1996.
Date:_ November 12 1996
Service Employees International Union City of Atascadero
Atascadero Chapter
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