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HomeMy WebLinkAbout11 - MOU Part-Time UPEC Local 777CITY OF NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL STAFF REPORT Agenda Item No. 11 August 26, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Memorandum of Understanding with Part -Time Unit, UPEC, Local 777 The part-time employee association met on Thursday, August 21, 2003, and voted to ratify the proposed Memorandum of Understanding (MOU). Staff recommends that the City Council approve the MOU. Submitted by: STiaron Wood Assistant City Manager CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 August 26, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 644 -3222, swood @city.newport- beach,ca.us SUBJECT: Memorandum of Understanding with Part-Time Unit, UPEC, Local 777 ISSUE: Should the City Council approve the proposed three -year Memorandum of Understanding (MOU) with the part-time employees unit? RECOMMENDATION: Approve Memorandum of Understanding. DISCUSSION: The City's part-time employees organized for the first time in 2000, and the City Council approved an MOU with this association in September 2000. The MOU expired June 30, 2003, and the City negotiating team began meeting with association representatives to discuss a new MOU on May 12. As directed by the City Council in closed session, the City negotiating team reached tentative agreement with the association on a new, three -year MOU that has the following principal terms. 1. Same salary adjustments as for full -time employees in similar positions. This is a provision in the current MOU that is being continued. 2. Participation in cafeteria plan for health benefits, with the City contribution increasing from the current amount of $175 per month to the following: a. $195 in January 2004 b. $210 in January 2005 c. $225 in January 2006 3. A new pay for leave benefit, which would allow part-time employees to accrue credit for sick leave and holidays. Part-time employees would not be scheduled MOU with Part-Time Unit August 26, 2003 Page 2 for time off, but would have a bank of hours for which they would be paid. In the first year of the MOU, the credit would be based on .04 hour for each hour worked (equivalent to three days for a half -time employee); the credit would double in the second and third years. The association is meeting to vote on the tentative agreement on Thursday, August 21. Staff will provide a supplemental report with the results of that meeting. Submitted by: Sharon Wood Assistant City Manager Attachment: Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PART -TIME UNIT UPEC, LOCAL 777 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is entered into with reference to the following: PREAMBLE 1. The Newport Beach Part -Time Unit ( "UPEC, LOCAL 777 "), 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. UPEC, LOCAL 777 representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 2003 to June 30, 2006 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by UPEC, LOCAL 777 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 No. 2001 -50. 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's /Employee Labor Relations Resolution No. 2001 -50, the City acknowledges that UPEC, LOCAL 777 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 Final specified in Exhibit "A" or as appropriately modified in accordance with the Employer /Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by UPEC, LOCAL 777. Recognition is limited to employees meeting the following criteria: 1. Recognition is restricted to those employees regularly scheduled (except for vacation periods, leaves of absences, etc.), to work on a year -round basis. 2. Employees must average at least sixteen (16) hours per week, based on hours actually worked. Employees meeting the criteria for the twenty -six (26) pay periods ending with the last pay period in April of each year shall be included for recognition /benefit purposes for the contract year beginning the following July, for as long as they continue to be regularly scheduled to work. An absence of two pay periods or more will suspend benefits. 3. Employees meeting the criteria for the contract year commencing July 1, 2000 are listed in Exhibit A. 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 July 1, 2003. This MOU shall remain in full force and effect until June 30, 2006, 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 2 Final C III E F provisions of an agreement similar to this MOU. Employee Data and Access Each May the City shall provide UPEC, LOCAL 777 a regular 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 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. 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 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 Recognized part -time employees holding classifications included in full -time regular bargaining units shall receive the same salary adjustments as provided full - time employees. Employees holding classifications exclusive to part -time employees shall have their salaries adjusted in accordance with the general (cost of living) increase provided to full -time employees represented by Newport Beach City Employee's 3 Final Association; except that Police Reserve Officers shall continue to be compensated at an amount equal to A step Police Officer. 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 - beginning at 0001 on Saturday and ending at midnight the following Friday. 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. SECTION 3. - Fringe Benefits A. Insurance 1. Cafeteria Plan The City has implemented an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan is $175.00. This cafeteria plan amount is inclusive of the $16 PERS designated minimum medical insurance contribution or such amount as subsequently determined by PERS. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical insurance if program rules allow. In addition an alternate medical program will be offered in conjunction with UPEC, LOCAL 777. Any unused funds, less the PERS minimum medical contribution, shall be payable to the employee as 4 Final taxable cashback. Employees shall be allowed to change coverage in accordance with plan rules during regular open enrollment periods. Effective January 2004, increased to $195.00 Effective January 2005, increased to $210.00. the contribution shall be the contribution shall be Effective January 2006, the contribution shall be increased to $225.00 B. Pay for Leave Effective July 1,2003 the City will implement a program whereby employees will receive pay for leave credits for each hour worked. Credits will be placed in an individual bank for each employee and will be subject to being paid out upon bi- weekly request, only to the extent that an employee has earned such credits. The maximum accrual of pay for leave hours will be sixty (60) hours. Pay for leave hours will be automatically paid thereafter. Pay for leave hours will count towards the hours necessary to qualify for benefits. The accrual schedule will be as follows: July 2003- .02 hours for each hour worked July 2004- Increase to .04 hours for each hour worked. C. Other Benefits Not Provided No other fringe benefits are provided to employees in the Part Time Unit. SECTION 4. - Miscellaneous. A. Direct Deposit All employees shall participate in the payroll direct deposit system. 5 Final Executed this day of , 2003: ATTEST: By: NEWPORT BEACH PART -TIME UNIT, UPEC, LOCAL 777 CITY OF NEWPORT BEACH Steven Bromberg, Mayor LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robert H. Burnham, City Attorney 6 Final