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Home My WebLink About09 - ANBOL Tentative AgreementNEWPORT CITY OF U S NE J Jfll91 Off°R !Jj BEACH cw �gC,FO0.NP COUNCIL STAFF REPORT Agenda Item No. 9 July 23, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949- 644 -3002, dkiff(o)newportbeachca.gov Human Resources Department Terri L. Cassidy, Deputy City Manager /Human Resources Director 949 - 644 -3303, tcassidy(a-)newportbeachca.gov PREPARED BY: Terri L. Cassidy, Deputy City Manager /HR Director Maggie Williams - Dalgart, Senior Human Resources Analyst APPROVED:' ten, TITLE: Approval of Tentative Agreement with the Association of Newport Beach Ocean Lifeguards ABSTRACT: The Memorandum of Understanding (MOU) between the City and the Association of Newport Beach Ocean Lifeguards ( ANBOL) expired June 30, 2012. In recent months City and ANBOL representatives have been meeting and conferring in good faith on wages, benefits and other terms and conditions of employment, and on July 11, 2013, the City and ANBOL reached a Tentative Agreement (TA) on a successor MOU. Following City Council approval of the Tentative Agreement staff will present a successor MOU for City Council's consideration at a regular meeting in August. RECOMMENDATION: Approve the Tentative Agreement with ANBOL providing the terms for a successor MOU, which will be presented in full at a future City Council meeting in August 2013. FUNDING REQUIREMENTS: See financial information in the body of the discussion text. DISCUSSION: The Association of Newport Beach Ocean Lifeguards ( ANBOL) represents approximately 170 part- time /seasonal beach lifeguards. In March 2013 City Association of Newport Beach Ocean Lifeguards Tentative Agreement July 23, 2013 Page 2 representatives .Terri L. Cassidy, Deputy City Manager /HR Director, Rob Williams, Assistant Chief, Lifeguard Operations, and Maggie Will iams - Dalgart, Senior Human Resources Analyst, met with ANBOL President Chris Graham and Representative Josh Yocam to discuss the terms of a successor MOU to the one that expired June 30, 2012. The City and ANBOL met a total of seven times and reached a Tentative Agreement on July 11, 2013, the terms of which are attached (Attachment A). The tone of negotiations was cordial and the bargaining unit representatives understood the City's need to manage lifeguard operations in a manner that is efficient, cost effective, and provides the ability to determine how current and future operations will be staffed. The Tentative Agreement provides the following: Two year contract term, from July 1, 2012 through June 30, 2014. o A market -based wage adjustment of 2.0% effective July 1, 2013 (the last wage adjustment for ANBOL was in 2008). Estimated fiscal impact for FY13 -14: $25,180 Revisions to MOU and policy regarding disciplinary appeals process and work standards. o A new clause that clarifies management's ability to determine how to staff seasonal lifeguards, including standard subcontracting language (Attachment B). An increase in the Equipment Allotment by $60 annually (from $140 to $200) for the purchase and replacement of required gear/ equipment. Estimated fiscal impact for FY2013 -14: $10,200 G An increase of $0.50 per hour worked for employees who maintain Emergency Medical Technician certifications (current is $0.50 /hr, would go to $1.00 /hr) Estimated fiscal impact for FY2013 -14: $4,800 For most ANBOL employees the lifeguard season starts in June and ends in August. To provide the adjustments in a timely manner and before the season ends, staff recommends City Council approve the Tentative Agreement, with the understanding that the successor Memorandum of Understanding will be presented for City Council consideration at a future meeting in August. At time of print of this agenda item the membership of ANBOL is in the process of ratifying the agreement by majority vote. Fiscal Impact: The cost to provide a market wage adjustment, an increase in the Equipment Allotment and an increase in EMT pay is estimated to be $40,280 for the term of the contract. Association of Newport Beach Ocean Lifeguards Tentative Agreement July 23, 2013 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Terri L. Cassidy Deputy City Manager /HR Directo Attachment: A. Tentative Agreement between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards B. Standard Subcontracting Clause Attachment A Tentative Agreement Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards On July 11, 2013, representatives from the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards reached a tentative agreement on the terms for a successor Memorandum of Understanding to the memorandum that expired June 30, 2012. The parties have been meeting collaboratively since March 2013 on a number of issues including staffing, wage adjustments, and increases to the equipment allowance. The provisions of the agreement include: Contract Term: two years, from July 1, 2012 through June 30, 2014 Wage Adjustment: 2.0% wage adjustment effective the pay period including 7/1/2013 Emergency Medical Technician Certification: effective the pay period including 7/1/2013 EMT Certificate pay will increase from $.50 per hour to $1.00 per hour Equipment Allotment: the Equipment Allotment, issued the first full pay period in July, will be increased from $140 per year to $200 per year Disciplinary Appeals Process: the Disciplinary appeals process shall be modified to indicate the Fire Chief or "designee' shall be the first level of appeal review, and the City Manager or "designee" shall be the final level of appeal review Other Items: additional modifications to the MOU include 1) standard subcontracting clause, 2) Lifeguard I, II, III job classifications to be reviewed as part of the Fox Lawson & Associates classification and compensation study, 3) clarification that to be ANBOL eligible employees must reach the 240 hours requirement by April 15, and 4) modify the works standards policy to permit leaves of absence once every 5 years. The terms of this agreement are tentative pending final adoption and ratification of the Memorandum of Understanding by the Newport Beach City Council, per Government Code §3505.1. For the City of Newport Beach: Dave Kiff, City Manager For the Association of Newport Beach Ocean Lifeguards: Chris Graham, President Date Date Attachment B Standard Subcontracting Clause in the Tentative Agreement between the City of Newport Beach and Association of Newport Beach Ocean Lifeguards to include the following in the 2012 -2014 Memorandum of Understanding: Section 1 — Add subsection (G): As provided in the Employer- Employee Relations Resolution No. 2001 -50, the City shall determine the manner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and /or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work, a minimum of sixty (60) days prior to contracting out such services. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. 7/23/2013