HomeMy WebLinkAbout11 - Tentative Agreement with the Newport Beach Employees League_ ; • • (3,o
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July 26, 1993
City Council Agenda
Item No.
CITY OF HIE1VyIl'Oli T BEACH
PERSONNEL IIDIEPAIIB'II'iJ E `k� T
JUL ? 6
July 26,1993
APPROVED
TO: Honorable Mayor Turner and Members of the City Council
FROM: City's Negotiations Team
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RE: Tentative agreement with the Newport Beach Employees League
(NBEL)
• THE FOLLOWING POINTS HAVE BEEN AGREED TO BY THE
NEGOTIATORS FOR THE NBEL AND THE CITY NEGOTIATORS, AS A
PRODUCT OF THE MEET AND CONFER PROCESS AS REQUIRED BY THE
MEYERS, MILLIAS, AND BROWN ACT. FINAL AGREEMENT IS SUBJECT
TO RATIFICATION BY THE MEMBERS OF THE NEWPORT BEACH CITY
COUNCIL.
1.
The City and the NBEL agree to develop a new compensation
policy before the expiration of this MOU, which will rescind the J-1
Policy.
1. A COLA adjustment of no less than 3% to be effective on
January 1, 1994. Based on the local (all urban consumers Los
Angeles -Anaheim -Riverside) CPI, for the time period between July 1,
1992 and June 30, 1993.
• 2. The City will add an extra step (5%) to the merit system
salary range, (An "F" step) effective April 1, 1994. Only represented
employees who have been at the current top step ("E") for at least
one year will automatically advance to the new "F" step. All the
other provisions and requirement of the merit pay system shall
remain unchanged.
NBEL shall execute written waver of any legal claims associated
with past application of the 1-1 Policy, and agree that the J-1 Policy
is no longer operative. •
2. 9/80 SCHEDULING PLAN
The City agrees to maintain flex -scheduling where it is
currently operating successfully (Parks Division and Utilities
Department) and additionally to put in place in the General Services
Department a 9/80 schedule on or before September 1, 1993, on a
test -basis from implementation through the end of this contract. This
test will be conducted at the discretion of the department director.
The program will have proven itself to be successful if it costs the
same or less than the present 5/40 program, and if the service levels
for the 9/80 are the same or better as they are on the present 5/40
program. The program will be evaluated individually by work
group, and should a problem involving service reductions or
increases in cost materialize, the department director will meet with
the work group to resolve the problem. If the department director
and the work group disagree on the solution, the City Manager will •
consider both sides of the issue and resolve the dispute. The City
Manager's determination shall be final.
The MOU will become effective on the day immediately
following City Council approval and shall remain in force through the
pay period ending after June 30, 1994.
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The City and the NBEL agree to allow for a one time reverse
enrollment from the Flex -leave system back to the traditional
vacation/sick leave system. Any employee, hired prior to July 1,
1989, wishing to return to the traditional system of vacation/sick
leave may elect to do so during a one month period to be determined
by agreement between the NBEL and the City. During the term of
this MOU the City will continue to work with representatives of NBEL
to seek modification of the the Flex -leave system so as to meet the
reporting of compensation requirements of PERS.
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The NBEL and the City agree to revise the maximum tuition
reimbursement allowance from $1,550.00 to $2,213.00 per fiscal
• year.
6. EXPANSION OF THE IRS SECTION 125 PLAN
The NBEL and the City agree to expand the IRC section 125 plan
to the fullest extent allowed by law. This will be accomplished
through the selection of a qualified section 125 plan administrator.
I) u V V LOICY.1ly.rdwim 13 11 D1 aw lisleWali
The NBEL and the City agree to add one day to the accrual
schedule of the Flex -leave program for employees who have
completed 12 or more years of consecutive service for the City.
The NBEL and the City worked together in the selection of a
• new health care provider. This process involved participation in the
Medical Advisory Committee, and further dialog at the bargaining
table. It is further understood that as the City considers the
possibility of enrolling with PERS as the health care provider, that
the medical advisory committee shall be involved in the process.
9.
Modify "Article 35" of the MOU to read as follows:
Seniority is defined as the length of service of an employee,
dating from the employee's last date of hire.
Any right based upon seniority shall not accrue to any
employee until the employee attains permanent status as defined in
Section 2 of the Newport Beach Personnel Policies.
FOOFiTITORIN 31 W3 D1.1 ON 1.1►
• The City and the NBEL have adopted language establishing
rules for personnel selection and these rules will be incorporated into
the MOU. (see attachment "A")
11. MERIT INCREASES
Effective with the final approval of this agreement, by the City
Council, merit increases will be effective the day they are due,
instead of on the beginning of the following pay period.
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12. INJURY PREVENTION PROGRAM (IPP)
Until such time as the IPP is fully developed the following •
understandings will apply:
1. The City will indemnify and hold harmless
from civil and criminal prosecution NBEL members for any liability
which might arise out of the City's IPP (mandated by S13198). Once
the program has been fully developed and implemented, the IPP will
come into full force and effect.
2. The City will take into consideration the
adequacy of training prior to issuing discipline or depreciated
performance evaluations to employees who have been determined to
be in non-compliance to the City's IPP.
3. The City agrees to identify, at the beginning of
each department's IPP the individuals who are ultimately
responsible for the administration of the plan.
4. The City agrees to incorporate representatives
of the NBEL on the IPP safety committees in all departments where •
the NBEL has representation obligations.
5. The City agrees to include representatives
from the NBEL in a meet and consult role, as part of the process
which will be employed for the incorporation of changes in the IPP.
"KNEGMITUMIYUNTWE WR DI y DI II DWIN
The City shall modify its promotional practices by adding the
following language. "Any employee who has achieved 'regular status'
may request assignment to any lateral or lower classification, and
that employee may be transferred into that classification without
competitive testing if both of the following conditions have been
satisfied:
1. The employee meets the minimum
qualifications of the classification.
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2. The department director approves of the •
transfer.