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HomeMy WebLinkAbout04 - MOU with Association of Newport Beach Ocean LifeguardsCOUNCIL AGENDA CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 August 23, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 - 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Memorandum of Understanding with Association of Newport Beach Ocean Lifeguards RECOMMENDATION: Approve the Memorandum of Understanding (MOU) with the Association of Newport Beach Ocean Lifeguards (ANBOL) for the two -year period of April 2005 through March 2007. DISCUSSION: The last MOU with ANBOL, which represents the City's seasonal lifeguards, expired in March 2005. The City's negotiating team has reached a tentative agreement on a two - year agreement, and the association has ratified it. The major provisions of this MOU are as follows. 1. Term_ 2 years 2. Salary: 4% April 2005 3% April 2006 Effective January 2006, eliminate first two steps of Lifeguard I salary range A salary survey at the start of this season showed that Newport Beach was behind the market, especially for the entry level position of Lifeguard I. The City's salary position has started to affect our recruitment for new lifeguards. The number of people trying out for a Lifeguard I position decreased by 75% from 2002 to 2005, although we still needed MOU with Association of Newport Beach Ocean Lifeguards August 23, 2005 Page 2 to hire nearly as many people. The City needs to attract more applicants to be sure that we are getting the most qualified people. 3. Bilingual Pay The MOU provides for pay of $.50 per hour for those employees who are certified to be fluent at the street conversational level in Spanish. Bilingual pay is already provided to Police Department employees, and we are studying the issue for office employees throughout the City. Many of our beach visitors do not speak English, and it is an advantage for the lifeguards to be able to communicate with them. 4. Staffing Clarifications have been made regarding the staffing of patrol units with two persons and the staffing of lifeguard towers during the spring. Funding Availabilitv: Staff estimates the cost of implementing this MOU to be $44,900 in the first year and $35,000 in the second year. Funds have been included in the 2005 -06 budget. Submitted by: Sh ron Wood Assistant City Manager Attachments: Memorandum of Understanding between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards 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, 2005 to March 31, 2007 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 - Milias -Brown Act and resolution 7173. SECTION 1. — General Provisions A. Recognition 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 excluded from representation by the Association. Recognition is limited to employees meeting the following criteria: Active 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 preceding the most recent season if they took an approved leave of absence and missed the most recent year) and who have worked 300 cumulative hours. All other employees are excluded. B. 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, 2005. This MOU shall remain in full force and effect until March 31, 2007, 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. Negotiations for a successor agreement shall commence in January 2007. 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. C. Employee Data and Access Each March the City shall provide the Association a list of all unit members including name, and job title. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the 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. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established N 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 Base salaries will be increased by four (4 %) percent effective the first pay period in April 2005 and three (3 %) percent effective the first pay period in April 2006. In addition, effective the first pay period in January 2006, the first two steps of the Lifeguard I salary range shall be eliminated. Individuals occupying those steps will advance to the new Step I and be eligible for further step advancement after 350 hours at the new step. 2. Bi- Linqual Pay Employees certified as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 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. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. 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. 3 SECTION 3. -Work Hours and Staffing A. Staffing During "A" level staffing, Monday through Friday, two patrols (one each in divisions 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with two persons. The staffing will consist of a unit operator and a mentored lifeguard. Staffing of the mentored lifeguard position will be placed on the regular schedule and staffed per Fire Department Policy. Based on availability, Lifeguard Towers will be staffed with Lifeguard II qualified personnel during "C" level staffing. Lifeguard I personnel staffing Towers during "C" staffing will receive move up pay. 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, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the 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. Sunglasses Represented employees in the Association of Newport Beach Ocean Lifeguards shall be paid One Hundred ($100.00) Dollars annually towards the purchase of UVA/UVB compliant sunglasses by July 15t of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as- needed basis. 4 C. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. D. Binoculars Each Seasonal Lifeguard shall be provided a pair of binoculars (minimum power 10 x 50) at the start of their careers with the City. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. E. Other Equipment One pair of sweat pants provided to each employee once per season. One pair of uniform trunks, two uniform shirts and one full brimmed uniform hat each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. F. Gym Represented employees will be provided access to the City Gym. G. 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. Disciplinary 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 Fire Chief within ten (10) calendar days of the disciplinary action. The Fire Chief will meet with the employee and a representative of their choosing within ten (10) calendar 5 days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager. The City Manager will meet with the employee and their representative. Within ten (10) calendar days, the City Manager shall issue his /her decision. The decision of the City Manager shall be final. This is the only City appeal procedure for the term of this agreement. B. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. Executed this day of ATTEST: 2005: ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS 0 la CITY OF NEWPORT BEACH By: John Heffernan, Mayor By: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Clauson, City Attorney 6 • COUV AGENDA N0. MEMORANDUM OF UNDERSTANDING C� 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, 2005 to March 31, 2007 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 - Milias -Brown Act and resolution 7173. SECTION 1. — General Provisions A. Recognition 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 excluded from representation by the Association. Recognition is limited to employees meeting the following criteria: Active employees with job titles of Lifeguard I, Il, 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 preceding the most is recent season if they took an approved leave of absence and missed the most recent year) and who have worked 300 cumulative hours. All other employees are excluded. • B. 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, 2005. This MOU shall remain in full force and effect until March 31, 2007, 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. Negotiations for a successor agreement shall commence in January 2007. 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. C. Employee Data and Access Each March the City shall provide the Association a list of all unit members • including name, and job title. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the 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. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court . of competent jurisdiction or other established 2 • • 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 Base salaries will be increased by four (4 %) percent effective the first pay period in April 2005 and three (3 %) percent effective the first pay period in April 2006. In addition, effective the first pay period in January 2006, the first two steps of the Lifeguard I salary range shall be eliminated. Individuals occupying those steps will advance to the new Step I and be eligible for further step advancement after 350 hours at the new step. The City will conduct a salary survey prior to April 15 of each year, reflecting salaries in effect as of April 1, and assess the City's competitive position for recruitment. 2. Bi- Linqual Pay is Employees certified as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 3. 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. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. • 3 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. 4. Temporary Upgrading of Employees Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his /her regular classification. Employees temporarily assigned to Lifeguard II or Lifeguard III job classifications shall receive a five percent (5 %) pay differential over their regular rate of pay for all time worked in the higher classification, with a minimum of one hour required to receive the differential. SECTION 3. - Work Hours and Staffing A. Staffin During "A" level staffing, Monday through Friday, two patrols (one each in divisions 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with two persons. The staffing will consist of a unit operator and a mentored lifeguard. Staffing of the mentored lifeguard position will be placed on • the regular schedule and staffed per Fire Department Policy, and will be eligible for temporary upgrade pay. Based on availability, Lifeguard Towers will be staffed with Lifeguard II qualified personnel during "C" level staffing. Lifeguard I personnel staffing Towers during "C" staffing will receive temporary upgrade pay. 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, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the 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. 4 • • SECTION 4. — Fringe Benefits A. Sunglasses Represented employees in the Association of Newport Beach Ocean Lifeguards shall be paid One Hundred ($100.00) Dollars annually towards the purchase of UVA /UVB compliant sunglasses by July 15t of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as- needed basis. C. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. D. Binoculars • Each Seasonal Lifeguard shall be provided a pair of binoculars (minimum power 10 x 50) at the start of their careers with the City. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. E. Other Equipment One pair of sweat pants provided to each employee once per season. One pair of uniform trunks, two uniform shirts and one full brimmed uniform hat each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. F. Gym Represented employees will be provided access to the City Gym. • 5 G. 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. Disciplinary 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 Fire Chief within ten (10) calendar days of the disciplinary action. The Fire Chief will meet with the employee and a representative of their choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager. The City Manager will meet with the employee and their representative. Within ten (10) calendar days, the City Manager shall issue his /her decision. The decision of the City Manager shall be final. This is the only City appeal procedure for the term of this agreement. B. Orientation • Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. Executed this day of , 2005: ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS in CITY OF NEWPORT BEACH M1 John Heffernan, Mayor 6 C, J • ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Clauson, City Attorney • is