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HomeMy WebLinkAbout11 - Tentative Agreement with the Association of Newport Beach Ocean LifeguardsCTY OF F NEWPORT BEACH " City Council Staff Report July 28, 2015 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Terri L. Cassidy, Deputy City Manager /Human Resources Director -(949) 644 -3303, tcassidy@newportbeachca.gov PREPARED BY: Rebecca Redyk, Human Resources Manager & Maggie Williams - Dalgart, Senior Human Resources Analyst PHONE: (949) 644 -3304 & (949) 644 -3337, respectively TITLE: Tentative Agreement with the Association of Newport Beach Ocean Lifeguards ABSTRACT: The Memorandum of Understanding (MOU) between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards ( ANBOL) expired on July 1, 2014. At the expiration of the contract, the City and ANBOL agreed to delay discussions until after the 2014 summer season. The parties began meeting and conferring in good faith on wages, benefits and other terms and conditions of employment on April 9, 2015. A Tentative Agreement on the terms of a successor MOU was reached on June 26, 2015 with the exception of one final item which was resolved after the City's labor negotiator sought additional guidance from City Council. All items on the Term Sheet (Attachment A) are considered a Tentative Agreement as of July 14, 2015. The Agreement includes changes to wages and benefits for the period July 1, 2014 through June 30, 2017. Consistent with City Council's goal of greater transparency in the labor negotiations process, and full disclosure of the costs associated with any agreement, the City Council may consider adopting the successor MOU at a future meeting to allow time for public review (but no later than 30 days from the date of consideration of this Tentative Agreement, as required by California Government Code Section 3505.1). RECOMMENDATION: Receive and consider the Tentative Agreement between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards in advance of adopting a successor Memorandum of Understanding for the period July 1, 2014 through June 30, 2017, to be presented for City Council consideration at the August 11, 2015 Regular Meeting. FUNDING REQUIREMENTS: A comprehensive estimate of the costs of the successor MOU with the Association of Newport Beach Ocean Lifeguards is provided in Attachment B. Fiscal Year 2015 -16 costs are estimated to be $105,035 and have been included in the aooroved budget. 11 -1 DISCUSSION: The Association of Newport Beach Ocean Lifeguards represents approximately 160 seasonal /part-time lifeguards in the classifications Lifeguard I, Lifeguard II and Lifeguard III. Employees in these positions are responsible for providing public safety for the nearly 10 million annual visitors to the City's beaches. On April 9, 2015, City and ANBOL representatives began meeting and conferring to discuss terms of a new contract. The parties met six times before a Tentative Agreement was reached. Salary adjustments for market parity, staffing, and operational issues were the main topics of discussion during the negotiations. Though pension reform has been a topic of discussion with other labor groups, the vast majority of employees in ANBOL (98 %) do not participate in the PERS pension system, rather they are enrolled in Public Agency Retirement Services (PARS), a private sector defined contribution alternative to social security which has predictable costs. The terms of the Tentative Agreement provide greater flexibility and efficiencies in staffing while ensuring the City remains competitive in the labor market. The provisions include: • Term of 36 months (July 1, 2014 through June 30, 2017); • Base salary adjustments for Lifeguard I and II only: July 1, 2015 - 2.0 %; July 1, 2016 - 1.0 %; June 30, 2017 - 1.0 %; • Creation of a 4th salary step (5% above the current step 3, effective upon MOU adoption) for Lifeguard I and II only; • An increase in Bilingual Pay from $0.50 per hour to $0.75 per hour; • Restructuring of certain operational assignments through phase -out of the Lifeguard III classification (current Lifeguard Ills will not be impacted) and establishment of Assignment Pay for Dispatch, Boat Operator, and Junior Guard Group Leader assignments (currently performed by Lifeguard Ills); • Restructuring the minimum hours standard to maintain Reserve Lifeguard status; • An increase in employee contributions toward the PERS pension benefit (only applies to the limited number of ANBOL employees enrolled in PERS) by 4.6 %, for a total employee contribution of 13.6% by the end of the contract; • An incentive program for ANBOL employees, who are now eligible for Paid Sick Leave under California's Healthy Workplaces, Healthy Families Act, to cash out unused sick leave hours at the end of each season, at a 50% payout value; • Other changes include: elimination of "Move Up /Move Down Pay" and the inclusion of an ANBOL representative on the Fire Department Safety Committee. The estimated cost of the proposed agreement for FY2015 -16 and future years is provided in Attachment B and contains itemization of salaries, supplemental pays, fringe benefits, and all associated costs, projected through the term of the contract. In the spirit of transparency and disclosure, members of the public have an opportunity to review and consider the Tentative Agreement. The City Council may consider the terms of this Tentative Agreement in anticipation of the City Manager presenting the final successor MOU at a future City Council meeting. A proposed draft version of the MOU between the City and ANBOL is included with this report (Attachment C; revisions noted in italics). Under Government Code Section 3505.1, the City Council must adopt or reject the successor MOU within thirty (30) days from when the Tentative Agreement was first considered at a duly noticed public meeting. Therefore, following City Council review of the Tentative Agreement, and ANBOL ratification, the successor MOU will be presented to the City Council at the August 11, 2015 regular meeting. 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. 11 -2 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). ATTACHMENTS: Description Attachment A - Term Sheet Reflecting the Tentative Agreement Between the City and ANBOL Attachment B - Estimated Costs of 3 Year Contract with ANBOL Attachment C - Draft Memorandum of Understanding between the City of Newport Beach and ANBOL 11 -3 Attachment A Term Sheet Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards • Term July 1, 2014 through June 30, 2017 (36 months) Compensation 0 2.0 % base salary increase effective the pay period including 7/1/15 for LG I and LG Ii classifications only, 0 1.0% base salary increase effective the pay period including 7/1/16 for LG I and LG II classifications only, and 0 1.0% base salary increase effective the pay period including 6/30/17 for LG I and LG II classifications only. • Effective following MOU adoption, create a 0 step in the Salary Range for LG I and 11. Employees eligible to advance to 4th step no sooner than following MOU adoption (no retroactivity). • Effective following MOU adoption, no employees will be promoted to the LG III classification. Current LG III will be grandfathered. • Employees will receive a 7.5% Assignment Pay for the following assignments: Dispatch, Boat Operator, Junior Guard Group Leader. This 7.5% Assignment Pay is only available to LG 11 and LG III and only when working in these assignments. Per policy, a minimum of one hour worked is required to receive the Assignment Pay. Eligibility for the LG III to receive this assignment pay sunsets with the expiration of the contract. i PERS Retirement Contributions (for PERS eligible employees) Employees in all Tiers to pay 1.6% additional cost share effective the pay period that includes 7/1/15 (for a total contribution of 10.6 %), Employees in all Tiers to pay 1.5% additional cost share effective the pay period that includes 7/1/16 (for a total contribution of 12.1%), Employees in all Tiers to pay 1.5% additional cost share effective the pay period that includes 6/30/17(for a total contribution of 13.6%), under PERS Gov Code 20516(f). For employees in Tier III, should the statutory member contribution adjust upward or downward, the cost share contribution will adjust accordingly so that the total Tier III contribution is the same as Tiers I & 11. • Bilingual Pay • Increase Bilingual Pay from $0.50 /hour to $0.75 /hour s Mandated Part -time Sick Leave (AB1522) Accrue 1 hour of sick leave for every 30 hours worked Employees shall be permitted to cash out a designated number or all remaining sick leave hours in their bank at the end of the season at a rate of 50 %. 11 -4 Term Sheet Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards 9 Move Down /Move Up Pay Elimination • Eliminate "move down" and "move up" pay. Strike language in Section 3 of MOU. Work Conditions • City to provide a seat on the Safety Committee for one (1) ANBOL designee Work Hour Requirements (Department SOP 5.1.208.02) i Employees shall work the following minimum hours *: CAREER TOTAL HOURS WORKED (LG I, II, III) HOURS REQUIRED TO WORK PER YEAR 0-1,999 96 2,000 -4,499 76 4,500+ 56 *Employees who have worked more than ten (10) calendar years will be grandfathered at the 56 hour requirement. *Employees who fail to obtain their required minimum hours worked per year are not eligible for the $200 Equipment Allowance the following year. • Internal Review ANBOL and Marine Operations Division will continue to discuss the following items: • Priority Ranking System • Increasing the minimum number of hours worked to be eligible for Reserve Status or Leave of Absence ANBOL and City Representatives agree to recommend to their Principals the terms outlined above. All items listed above with the exception of the Work Hour Requirements (items marked with *) are tentatively agreed. It is understood that the City will seek additional guidance from the Council with respect to Work Hour Requirements. 6/26/15 11 -5 Term Sheet Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards This Term Sheet is subject to appropriate ratification by ANBOL membership, adoption by City Council, and approval as to form by the City Attorney. For the City of Newport Beach: Date 7/,,7/ / S� I J For the Newport Beach Association of Newport Beach Ocean Lifeguards: Chris Graham, ANBOL President Date gi4 6/26/15 11 -6 Attachment B Estimated Cost for 3 Year Contract with Association of Newport Beach Ocean Lifeguards ( ANBOL) representing approximately 175 part- time /seasonal beach lifeguards Hourly Pay Rate for ANBOL Represented Positions (reflects 2.0% salary adjustment 7/1/15): Lifeguard 1 $17.44 - $19.23 Lifeguard II $19.23 - $21.19 Lifeguard III $20.97 - $23.14 Compensation (Pay & Benefits) Existing Cost to City Projected Cost FY15 -16 FY16 -17 Total Base Salary 1,495,915 64,049 125,181 189,231 (2% incr 7/15 + added Step 8/15; 1 % incr 7/16; 1 % incr 6/17 ) Benefits Bilingual Pay (flat $ amount; .50 /hr incr to .75 /hr July 2015)) 2,400 1,200 1,200 2,400 EMT Pay ($1 /hr supplemental pay) 8,400 - - - Assignment Pay (Boat, Jr Guards, Dispatch; effective 7/15) NA 10,700 10,700 21,400 Retirement (PARS - 3.75 %)' 56,097 2,402 4,694 7,096 Value of Paid Sick Leave (mandated benefit 7/1/15) "` 51,510 25,755 26,520 52,275 Medicare (mandatory 1.45 %) 21,691 929 1,815 2,744 Equipment Allowance ($200 /yr per employee) 33,200 - - - Total 1,669,213 105,035 170,111 275,146 Only 4 employees enrolled in PERS; cost is nominal and not included in calculation " California law mandates paid sick leave for employees; projected cost reflects 50% buy back incentive 7/28/15 11 -7 Attachment C MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE 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 R_Lifeguards ( "ANBOL" or "Association "), a recognized employee orgamzafion, and the City of Newport Beach ( "City "), a municipal corporation and ch rter�city, have been meeting and conferring, in good faith, with respect to wages, Fiou ts, fringe benefits and other terms and conditions of employment. 3;� ���i;, 2. Association representatives and City representatives haveIreached a tentative agreement on July 14, 2015 as to wages, hours and other terms and conditions of employment for the period from Ju1Yq 2014__ &ugh June 30 2017 and this tentative agreement has been embodied 16 this Y- U. 3. This MOU, upon approval represents the total and c parties regarding all_mat limited herein,e City ret Milias Browr%gct and Res 0 sociation and;Newport Beach City Council, understanding and agreement between the n the scope of re. presentation. Except as pnagement -rights as set forth in the Meyers- In accordance with ;the proisons of the Charter of the City of Newport Beach, the Meyers Milias Brown Act jJ_t_he State of California and the provisions of the EmpI&gR Employee'Relations Resolution No. 2001 -50, 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, Il, 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 who are active employees ( "Active Employee') 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 have worked 240 cumulative hours by April 15 of the calendar year. An Active Employee is an individual who has completed the Fire Department's re- 1 ANBOL MOU 2014 -2017 11 -8 0 C. E. certification class with the expectation of working the minimum hours required under Section 3, B (Work Hours Standards). 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 July 1, 2014. This MOU shall remain in full force and effect until June 30, 2017, and the provisions of this MOU shall continue after the expiration date of this MOU in the event the parties are meeting and conferring on a success IOU. Negotiations for a successor agreement shall commence In .March 2017. 2. The terms and conditions of this;MOU1shall prevail over conflicting provisions of the Newport B�e'ach City%Charter, the ordinances, resolutions and policies of t fl, City of Newport Beach, and federal and state statutes, rules and reglfions which either'sp£ecifically 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 April, the City shall provide Association aTregular list of all unit members including name, contact info (includmgte mail) and job title. For those members who specificallymask thattheir personal information not be given out, email F� contact information;,only will -b.e provided v a Conclusiveness V , pmw A" i% MOU contains all of the_ covenants, stipulations, and provisions agreed upon by the partieOUTherefo"t_eY,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. 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 ANBOL MOU 2014 -2017 11 -9 governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. G. Subcontracting 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_�&ater efficiency and /or cost savings, and upon request by the Association-= the City shall meet and confer with Association representatives to discuss 11"M mp�acts of the City's decision to contract out work, a minimum of sixty (60�claysprior to contracting out such services. The City shall retain soleaguthority tocide whether or not to contract out work, including wo,rrk�t at is currently ._peing performed by Association members. This provisonshall not limit the 'City uauthority to enter into such an agreement for any City services. SECTION 2. —Compensation A. Pay for Time Worked 1. There shall be '9, salary djustments for employees in the job Gassificatroj? „Lrfeguarq .11l dunngthe term of this MOU. ,ng July 1, 2015, base salaries for Lifeguard 1 and Lifeguard 11 shall be the 'pay period including July 1, 2016, base salaries for s in soli classifications Lifeguard / and Lifeguard 11 shall be by Effective 1h e pay period including June 30, 2017, base salaries for employees in job classifications Lifeguard I and Lifeguard 11 shall be increased by 1.0 %. 2. Bi- Lingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. Effective upon MOU adoption bilingual pay shall be increased to seventy -five cents ($.75) per hour. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified 3 ANBOL MOU 2014 -2017 11 -10 3 El 91 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. EMT Pav Employees who maintain certification as Emergency Medical Technicians ( "EMTs ") according to State of California regulations and Orange County EMS policy shall be eligible to receive one dollar ($1.00) per hour worked in "EMT Pay." It is the employee's responsibility to �r have their current EMT Certification onlfile _ Employees certified shall receive EMT Pay the first full pay period following certification. Normal overtime is defined 5` e" yany 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 byAh'Wire Chief 6-hd approved by the City Manager,.,-_- which occurs between =a fixed and regularly recurring period of 168 hour? ,col secutive 24 hour periods. Definition of Hours Worked Hours be ked;sare defined as hours which ng theirs, regular duties or other for all non - exempt employees shall be times the employee's regular rate of yroll forms will be as prescribed by the Pgrn rary upgrading shall be defined as the temporary assignment of an employee to uvork in a job classification which is assigned to a salary schedule higb er 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. Effective upon adoption of this 2014 -17 MOU, Temporary Upgrade pay (referred to as "Move Up Pay') will be eliminated. Addition of 4th Step Effective upon MOU adoption, a fourth pay step, set 5% above step 3, shall be added to the Lifeguard l and Lifeguard 11 classifications. 4 ANBOL MOU 2014 -2017 11 -11 7. Assignment Pay Effective upon MOU adoption the City shall create a new Assignment Pay for employees in Lifeguard 11 and 111 classifications who work in one of the assignments listed below. Employees shall be eligible for 7.5% Assignment Pay when performing the assigned duties (minimum of one hour worked in the assignment to be eligible). Eligibility for employees in Lifeguard ll1 positions to receive Assignment Pay will sunset at the expiration of the MOU. Determination of the number and length of assignments shall be at the discretion of thetCity. • Junior Guard Group Leader • Dispatcher • Boat Operator AIR V �1 Concurrent with creation°fof' Assignment P, classification will be phased oktaover time. E Lifeguard 111 at adoption of this 2i%-F4-_-1 7MOU will in the c assi icatron._._: -: or-L' I Iu IV J. - VVU1K nouI A. Staffing Upon request -d employees shalkb "evelsfffing d Y �Re resented emp, payy'tf their c hed work .is schedulec notice fo; the emt Once reporting to work their s'chedu available. - B. Work Hours Standards Lifeguard 111 classified as at the Ebeginning of each season, represented E .x4A Led, for at lemma. st thirty -five (35) hours per week during will, during all staffing levels, be paid two (2) hours of ift is;_canceled later than 4:00 p.m. the day before the Wft.i% considered canceled when the City provides at the phone number designated by the employee. employees will be afforded the opportunity to either ft or voluntarily leave work without pay if work is not The City and Association have agreed to establish minimum hours standards for members to retain active and reserve status. Effective January 1, 2016, ANBOL employees will be required to work the following minimum hours each year: 5 ANBOL MOU 2014 -2017 11 -12 Total Hours Worked (Career Total) 0-1,999 2,000 - 4,499 4,500+ Hours Required to Work Per Year 96 76 56 Current employees (as of MOU adoption) service will be grandfathered at the 56 he whether the employee has achieved 4,50Q SECTION 4. — Fringe Benefits A. Equipment Allotment C. M Represented employees m- Dollars, annually, towards';; sweat pants, full brimmed c proof watch and ,replacem This payment 4 Wmade they are w .9r -Ipg. Sung,las and be warn =z�n henever cdn( to ) or more years of City standard, regardless of be paid Two Hundred ($200) kiUVB compliant sunglasses, quipment carrying bag, water any work- related equipment. >err& in July of each season :rage, have polarized lenses, andards described in Section 3, B Equipment Allotment the following will be provided sunscreen and lip balm on an as- 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. Binoculars Represented employees shall be provided a pair of binoculars in accordance with the Fire Department's Standard Operating Procedures. Binoculars must be kept in good working order by the employee and must be brought to work for 6 ANBOL MOU 2014 -2017 11 -13 L F 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. Upon separation from the Fire Department, employee shall return the binoculars to their supervisor unless a purchasing agreement is made at time of separation. Other Equipment One pair of uniform trunks and two uniform shirts, each season. One jacket per career, replaced when One pair swim fins, one mask and snorkel pde &a ,eer, replaced by City if lost or broken in the execution of work duties.4:n':1- Parking Passes Represented employees will be following: • Allows "blue pole" parkin • Allows "all meter parkin G. Identification Card­. Upon requesx_ represented err shall be OfRided with , an identification H. Ofhe11 Benefits Not 'G;uar-inteed' Employees represented byk may;. in the sole discretion of.fh 1. PER§ Contribution 'r The following Employees RE City's contract the r 30. an Identification (ID) Card City of Newport Beach 3socation of Newport Beach Ocean Lifeguards City, be provided additional benefits /privileges. :applies only to unit members in enrolled in the Public System (PERS) as Safety members, consistent with the Tiers I & II: Employees shall pay the full 9% "safety member" contribution of PERS reportable earnings and the Employer Paid Member Contribution will be 0 %. This payment will be made on a pre -tax basis through payroll deduction pursuant to IRS Code Section 414(h)(2). This contribution will not be considered as part of employee's "compensation earnable" under Government Code section 20636. 7 ANBOL MOU 2014 -2017 11 -14 J. Effective July 1, 2015, employees will contribute an additional 1.6% of pensionable compensation toward retirement costs as permitted under Government Code §20516(17, for a total contribution of 10.6 %. Effective July 1, 2016, employees will contribute an additional 1.5% of pensionable compensation toward retirement costs as permitted under Government Code §20516(1), for a total contribution of 12.1 %. Effective June 30, 2017 employees will contribute an additional 1.5% of pensionable compensation toward retirement costs as permitted under Government Code §20516(17, for a total contribu Ad - f 13.6 %. Tier lll: The minimum employee con to the provisions of the Public Empb equals 50% of the "total normal cost" 2015 Tier 111 members will contributes employees in Tier 111 is subject %&Reform Act (PEPRA) and 3dtkyPERS. Effective July 1, 11.25✓ member contribution. Effective July 1, 2016, Tier Ill employees will contribute an,{additional .85% of pensionable compensation toward retirement :costs as permitted under Government Code §20516(1).; =fora total contrrbufibn of 12 1 % Effective June 30, 2017 employees will contribute an additional 1.5% of pensionable compensation =.tgwa- rOtiremerN§ costs as permitted under Government Code §20516(o, fora total contribution of13.6 %. Undr�Californra spHealfiiyWo kplaces, Healthy Families Act, ANBOL rrrployeeste eligible�to recerv, PalSrck Leave effective July 1, 2015. The rate of accrual shall beQ3;4 hour four every hour worked, (which equals 1 hour W- I Paid Sick Leave for eve & , hours worked) with a maximum accrual of 48 houYS Once the 48 fQUrs cap'=isreached no additional Leave will accrue in the Paid SrckLeave bank At the conclusion ofeach season (during the month of September) ANBOL members will be permitted to cash out Paid Sick Leave time remaining in their bank at the value of 50 %. The minimum permitted to be cashed out is 1 hour and there is no maximum (all Leave time can be converted to cash at 50% value). 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. 8 ANBOL MOU 2014 -2017 11 -15 Represented employees may appeal any such actions to the Fire Chief, or his /her designee, within ten (10) calendar days of the disciplinary action. The Fire Chief or designee 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 or the City Manager's designee. The City Manager or designee will meet with the employee and their representative. Within ten (10) calendar days, the City Manager or designee shall issue his /her decision. The decision of the City Manager or designee shall be final. This is the only City appeal procedure for the B. Orientation C. M E. Association representatives will be sessions to address newly hired trai Work Access ANBOL representatives shall have acce through an ANBOL dedicated_ _ bulletin ANBOL representatives shall. be dllowpd 10 address employees at every LfeguardRece agreement. ten minute's,, at the end of training nployees in''the workplace in lifeguard headquarters. at the beginning of class to Employees requesting aVLeave of Absence for a summer season must do so by submitting the request i kVrit rig, as pro yided in the Fire Department Standard Op at�ngt�Procedur• � edves�of,�,&se�ce will only be permitted once within a One ANBOL representative, at' the Association's choosing, shall be invited to participate kaa member of the Fire Department's Safety Committee. on the following page. 9 ANBOL MOU 2014 -2017 11 -16 Executed this day of 12015. ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS Lm- Chris Graham, President CITY OF NEWPORT BEACH 0 Edward D. Selich, Mayor /_Aim - -lli LIM Leilani Brown, City Clerk APPROVED AS TO FORM: Aaron C. Harp, City yAttAorn y � K' /' �\` 10 ANBOL MOU 2014 -2017 11 -17