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HomeMy WebLinkAbout11 - Tentative Agreement with the Newport Beach Employees League_ ; • • (3,o • 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 C-zo6s 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. DKONVA D10147MM."L 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. • /► P 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. ' R 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. --- and --- 2. The department director approves of the • transfer.