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HomeMy WebLinkAbout13 - MOU with the NB Ocean LifeguardsAGENDA ITEM 13 TO: Mayor and City Council FROM: Sharon Wood, Assistant City Manager SUBJECT: Memorandum of Understanding with Association of Newport Beach Ocean Lifeguards Recommendation Approve and authorize the Mayor to execute Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards. Discussion The Association of Newport Beach Ocean Lifeguards ( ANBOL) was established by an employee election in December 1999. ANBOL is recognized by the City to represent seasonal Lifeguards I, II and III who have worked 300 cumulative hours for the City in these positions. Because these positions and the association are active only seasonally, negotiations for a Memorandum of Understanding (MOU) did not begin until the spring of 2000. The City Council provided direction to their negotiators in five closed session discussions between May and September 2000. We did not reach agreement with ANBOL before its members dispersed after the summer season, and no further progress was made during the off season. Without an MOU in place, the City Council approved a 3.5% increase in seasonal lifeguard pay effective April 2001, to ensure that Newport Beach lifeguards would be compensated commensurate with other Orange and Los Angeles County lifeguard organizations. City and ANBOL negotiators continued to work on an agreement through the summer of 2001, resulting in ANBOL's ratification of the attached MOU. The principal provisions of the MOU are consistent with direction provided by the City Council, and are as follows: • Term of three years • Pay increases of 3.5% per year. The City will conduct a salary survey prior to recruitment each year to assess its competitive position, but is not obligated to increase pay by more than 3.5 %. • During "A" level staffing (the busiest times), the City will regularly schedule some patrols to be staffed by two persons. • Represented employees who request it will be scheduled for 35 hours per week during "A" level staffing. • Represented employees will be compensated if shifts are canceled without specified notice. • Represented employees will receive $50 per season for sunglasses, and those who have worked at least five seasons will be provided skin cancer screening. N MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Association of Newport Beach Ocean Lifeguards, a recognized employee organization, and the City of Newport Beach ( "City "), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. Association representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from April 1, 2001 to March 31, 2004 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers -Mil ias -Brown Act and resolution 7173. SECTION 1. - General Provisions A. Reco4nition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer /Employee Relations Resolution No. 7173, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer /Employee Relations Resolution. All other classifications and positions are 0 C IN excluded from representation by the Association. Recognition is limited to employees meeting the following criteria: Employees with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceeding the most recent season if they took an approved leave of absence and missed the most recent year) and who have worked 300 cummulative hours. All other employees are excluded. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of April 1, 2001. This MOU shall remain in full force and effect until March 31, 2004, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either. specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. Employee Data and Access Each March the City shall provide the Association a list of all unit members including name, department, and job title. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the 2 life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue contained herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. F. Savinqs Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. - Compensation A. Pay for Time Worked 1. Salary Adjustments Effective the first full payroll period in April 1, 2001, 2002 and 2003, all bargaining unit employees shall receive a 3.5% pay increase. The City will conduct a salary survey prior to lifeguard recruitment each year, and assess the City's competitive position for recruitment. Based on the survey, the City may, but is not obligated to, provide increases in excess of those listed above. 2. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. 3 Definition of Hours Worked - as hours which employee performing their regular assigned by the City. Hours worked are defined s are required to be duties or other duties Compensation - Normal overtime for all non - exempt employees shall be paid at one - and - one -half (1 -1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. SECTION 3. - Work Hours and Staffing A. Staffinq During "A" level staffing, Monday through Friday, two patrols (one each in areas 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in areas 1 and 2) shall be staffed with two persons. Such staffing will be placed on the regular schedule, treated the same as other positions on the regular schedule, and will be subject to the availability of qualified personnel. Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty -five (35) hours per week during "A" level staffing. Represented employees will be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. tha day before the work is 'scheduled. The shift is considered canceled when the City provides notice to the employee at the number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. SECTION 4. - Fringe Benefits A. Sunqlasses Represented employees in the Association of Newport Beach Ocean Lifeguards shall be paid Fifty ($50.00). Dollars 4' annually towards the purchase of WA /UVB compliant sunglasses at the start of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. B. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees who have been employed for at least five (5) seasons at a facility selected by the City. Screening will be throughout the year outside of the normal work schedule, with one (1) hour of compensation. C. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits /privileges. SECTION 5. - Miscellaneous. A. Discipldnary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Division Chief within ten (10) calendar days of the disciplinary action. The Division Chief will meet with the employee and a representative of their choosing within seven (7) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within seven (7) calendar days, appeal to the Fire Chief. The Fire Chief will, within seven (7) calendar days, meet with the employee and their representative. Within seven (7) calendar days, the Fire Chief shall issue his /her decision. The decision of the Fire Chief shall be final. This is the only City appeal procedure for the term of this agreement. Executed this day of 5 2001: ATTEST: ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS CITY OF NEWPORT BEACH Garold B. Adams, Mayor LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robert H. Burnham, City Attorney 2