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HomeMy WebLinkAbout97-48 1 5 6 ? 9 10 11 12 15 16 17 19 20 21 25 RESOLUTION NO. 97-48 RESOLUTION OF T~E CITY COUNCIL OF T~E CITY OF UKIAH ADOPTING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE ELECTRIC, DEPARTMENT READ, AND POLICE UNITS; ADOPTING ADDENDUM AND RELEASE TIME AGRE~ FOR THE MANAGEMENT UNIT; AND UNILATERALLY IMPLEMENTING THE TERMS PRESENTED IN THE MISCELLANEOUS UNIT MEMORANDUM OF UNDERSTANDING DUE TO IMPASSE W~EREAS, conferred in Miscellaneous, the Employee/Employer Relations Officer has met and good faith with representatives of the Electric, Department Head, Management, and Police Units; and WREREAS, Memoranda of Understanding have been approved by the Electric, Department Head, and Police Units; and WHEREAS, an Addendum and a Release Time Agreement have been approved by the Management Unit; and WHEREAS, the Employee/Employer Relations Officer and the Miscellaneous Unit have reached an impasse relating to the proposed Memorandum of Understanding; and WR-EREAS, no further mediation over the terms of the proposed Memorandum of Understanding with the Miscellaneous Unit is required by law; and WHEREAS, said Memoranda of Understanding, the Addendum, and the Release Time Agreement have been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Memoranda of Understanding for the Electric, Department Head, and Police Units are hereby adopted and the Employee/Employer Relations Officer is authorized to enter into these Agreements for the fiscal year 1996-97. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Addendum and Release Time Agreement for the Management Unit are hereby adopted and the Employee/Employer Relations Officer is authorized to enter into these Agreements for the fiscal year 1996-97. NOW, THEREFORE, BE IT FURTHER RESOLVED that the terms of the proposed Memorandum of Understanding for the Miscellaneous Unit which is the City's last and best offer are hereby unilaterally implemented and the Employee/Employer Relations Officer is directed to implement these terms for the fiscal year 1996-97. PASSED AND ADOPTED this 15th day of January, 1997, by the following roll call vote: AYES: Malone. NOES: None. ABSENT: None. ABSTAIN: None. Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor ATTEST: Colleen B. Henderson, City Clerk 3:MOU\RES3 MANAGEM]F/~TUNIT JANUARY 15, 1997 The City of Ukiah and the Management Unit are continuing to negotiate the terms of the 1996-97 Memorandum of Understanding. The Management Unit, however, has agreed to and ratified the following two negotiation items at this time: R 1 Tim' Management Unit members will receive 52 hours of paid "release time" off during the period of January 1 through June 30, 1997. This release time is non-accruable and non-cashable, and any time not taken by the employee prior to June 30, 1997, will no longer be available. Salary_ There will be a temporary salary reduction for Management Unit employees which equates to 2 1/2% of annual base rate salary which will be deducted during the period of January 1 through June 30, 1997. There will be no reductions in benefit accruals or flex plan calculations during this period. CITY OF UKIAH ~an~ace Hor~ley / City Manager / MANAGE~R~Tr UNIT DaVid Lohse (-~ Wa~]t~t~urpeTrr~eTst~nt Roe Sandelin Deputy Fire Chief 3 :MOU/M=MT.AGRBB MEMORANDUM OF UNDERSTANDING 1996-1997 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter City) and the Department Head Unit (hereinafter Unit). As a result of meet and confer sessions, .the City and Unit have agreed to the following understandings. Term The term of this Agreement shall be one year, effective October 1, 1996, through September 30, 1997. 1. Management Incentive Pay Effective October 1, 1996, three of the 13 days of the annual Management Incentive Pay (previously referred to as Administrative Leave) will be eliminated for this year, leaving a total of 10 days of Management Incentive Pay for this year. This pay will continue to be granted annually on July 1, on a non-accruing basis, to members of the Department Head Unit and shall be utilized in cash payment at straight time only. The time-off option is now deleted. 2. R~lease Time Department Head Unit members will receive 52 hours of paid "release time" off during the period of January 1 through June 30, 1997. This release time is non-accruable and non- cashable, and any time not taken by the employee prior to June 30, 1997, will no longer be available. 3. Salary_ There will be a temporary salary reduction for Department Head Unit employees which equates to 2 1/2% of annual base rate salary which will be deducted during the period of January 1 through June 30, 1997. There will be no reductions in benefit accruals or flex plan calculations during this period. 4. Continuation The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. o City Only Liable for Direct Cost of Benefits The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. Whenever, the decisions of other government agencies or departments affect the value or availability of benefits, the City and the Unit will meet and confer on the best way to respond to these changes to reduce or eliminate their effect on unit members and the City. This Memorandum is ratified and adopted pursuant to the recon~nendations of the following representatives this }~-- day of ~,~A~A~ , 1997. CITY OF UKIA~ Candace Horsley City Manager DEPART~RNT HEAD UNIT 3 :MOU/DSPT96 ADDENDUM TO 1995-96 MANAGE~N~T UNIT MEMORANDUM OF UNDERSTANDING SEPTEMBER 18. 1996 This Addendum to the 1995-96 Memorandum of Understanding between the Management Unit and the City of Ukiah, effective on November 16, 1995, is entered for the purpose of revising the Management Incentive Pay section for Management Unit employees, and adding introductory period, residency requirement, and tobacco use provisions for Public Safety Management employees. M~agem~t Incentive Pay/Personal Days Effective July 1, 1996, through the fiscal year ending June 30, 1997, three of the non-accrual 13 days of the annual Management Incentive Pay (previously referred to as Administrative Leave) will be converted to Personal Days and can be taken in time off only rather than cash payment at straight time. The 10 days of annual Management Incentive Pay will be granted on July 1, 1996, on a non-accruing basis. If a Unit member has not cashed out their 10 days of pay at straight time prior to the last pay period in June, the Payroll Officer will automatically include the balance of the pay in that paycheck. After an employee is vested five years, the City will commence reporting the Management Incentive Pay to PERS. The City shall report the Management Incentive Pay equivalent to 10 days incentive pay for each member of the Unit as incentive for continuing service. Since this is PERS reportable income, it will be included in final year compensation for purposes of retirement, if the employee is vested. Each Unit member will be credited on July 1, 1996, with three Personal Days, on a non-accruing basis. If a Unit Member does not utilize the three days of time off prior to June 30, the leave does not accrue and the employee would not receive the balance of any unused days off. Promotional employees shall continue to be granted pro-rated Management Incentive Pay and Personal Days on a quarterly basis. Introductory_ Period Effective July 1, 1996, there is a 12-month (probationary) period for new and promotional employees who are members of the Management Unit. introductory Public Safety Residency Requirement Effective July 1, 1996, new and promotional Fire Department employees who are members of the Management Unit shall establish residency within a 10-mile distance from the Civic Center. Effective July 1, 1996, as a condition of employment, any new and promotional Fire Department employees who are members of the Management Unit must be non-users of tobacco products in any form and shall refrain from smoking tobacco or any other substances. WHEREFORE, the parties have entered this Addendum on the 16th day~ of ~anuary , 1997. CITY OF ~KIA~ Candace Horsley City Manager Roe Sandelin Deputy Fire Chief David Lohse ~ ~ ~s~iate ~a~er / ~--T~r~n~ Noyd~ · ~ Wastewater Treatment ~ant~ Supe~isor 3: MOU \MGMT. ADD MISCELLANEOUS UNIT 1996-1997 The following has been implemented by the City of Ukiah City Council pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, after an impasse between the City of Ukiah (hereinafter City) and the Operating Engineers Local Union No. 3, Miscellaneous Unit (AFL/CIO) (hereinafter Union). The term shall be one (1) year, effective July 1, 1996, through June 30, 1997. Any Unit member who is formally assigned by their Department Head to perform street sweeping duties shall be paid an additional $1.00 per hour over base rate salary for every hour spent performing these duties. 2. Life Insurance The City will pay the employee's portion of the REMIF $10,000 life insurance policy cost, which has been reduced from $3.60 to $2.90 per month per employee. 3. Co~_ensatory_ Time Off (CTO) Unit members may accrue CT0 at the time and a half rate up to a maximum of 50 hours. Recognizing the City's current financial situation, Unit members will take CTO instead of paid overtime, whenever possible. 4. Temporary Reduction of Hours/Salary Unit members will reduce their work hours by 52 hours during the period of January 1 through June 30, 1997. This unpaid time off (furlough time) will be scheduled to provide as much flexibility as possible while also considering the departmental operational needs. Furlough time off will not be considered hours worked for overtime purposes and employees will continue to receive straight time pay for hours worked up to 40 hours per week and overtime pay for hours worked in excess of 40 hours per week. Unit members may forfeit stand- by pay in lieu of furlough hours. This temporary reduction of hours/salary will not affect benefits, accrual rates, or call back policies or pay. o o Continuation Ail conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed herein shall continue in effect and shall not be affected by these terms. The value or availability of the benefits provided herein as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under these terms are limited to the direct cost of providing the salary and benefits as described herein. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. DATED: January 16, 1997 Candace Horsley City Manager MEMORANDUM OF UNDERSTANDING 1~6-1~7 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter City) and the Operating Engineers Local Union No. 3, Electrical Unit (AFL/CI0) (hereinafter Union). As a result of meet and confer sessions, the City and Union have agreed to the following understandings. Term The term of this Agreement shall be one July 1, 1996, through June 30, 1997. 1. Life Insurance (1) year, effective o 4 o The City will pay the employee's portion of the REMIF $10,000 life insurance policy cost, which has been reduced from $3.60 to $2.90 per month per employee. CoL,~ensatory_ Time Off (CTQ) Recognizing the City's current financial situation, Unit members will take CTO instead of paid overtime whenever possible. Temporary Reduction of Hours/Salary_ Unit members agree to reduce their work hours by 52 hours during the period of January 1 through June 30, 1997. This unpaid time off (furlough time) will be scheduled to provide as much flexibility as possible while also considering the departmental operational needs. Furlough time off will not be considered hours worked for overtime purposes and employees will continue to receive straight time pay for hours worked up to 40 hours per week and overtime pay for hours worked in excess of 40 hours per week. This temporary reduction of hours/salary will not affect benefits, accrual rates, or call back policies or pay. Comp_rehensive Memorandum of Understanding (MOU) The City is in receipt of the Draft Comprehensive M0U which was submitted by the Electric Unit. The Personnel Officer will review the draft and this issue can be discussed at a later date. FEB 1997 CONTRAC:I-b This Memorandum of pursuant to the representatives this Understanding is ratified and adopted recotm.endations of the following 30th day of January, 1997. ~h-~ace Horsie~ City Manager ELECTRICAL UNIT Lineman ~wa-yne Humphrey Lineman OPERATING ENGINEERS LOCAL LIqION 3 of the International Union of Operating Engineers, AFL-CIO pre%t~~J ,~~ Rmco~-correspond~ecretary Busihes s Ma~ger Bu~ines s Representative 5407 MEMORANDUM OF UNDERSTANDING 1996-1997 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter City) and the Police Unit (hereinafter Unit). As a result of meet and confer sessions, the City and Unit have agreed to the following understandings. Term The term of this Agreement shall be one (1) year, October 1, 1996, through September 30, 1997. 1. Overtime effective o The City and the Unit agree that commencing on the effective date of this M0U through June 30, 1997, 40 hours of overtime worked by Unit members (which at time and one-half equates to 60 hours) will be taken as compensatory time off only and not taken in cash payment or cashed out as part of the CTO Cash- Out program. This separate CT0 bank will be established for non-cashable CTO time. In the event, Unit members do not reach an equivalent of 60 hours of non-cashable CTO, the remaining balance will be taken off as unpaid furlough hours prior to June 30, 1997. Furlough time off will not be considered hours worked for overtime purposes. Public Safety Dispatchers are specifically excluded from this section. Com~ensatozy_ Time Off (CTO) Unit members may accrue CT0 at the time and a half rate up to a maximum of 120 hours each in both the cashable and non- cashable CTO banks. The current cash-out allowed in the cashable CT0 bank remains a maximum of 80 hours per fiscal year. Family Sick Leave Unit members may use up to three (3) days of their accrued sick leave per fiscal year to care for sick family members, which include the employee's children (including adopted, foster, or step children), spouse, and parents. This is not an increase in sick leave accrual amounts and does not accumulate from year to year. UniformAllowance Effective July 1, 1997, Unit members may submit reimbursement requests to the Payroll Department for reimbursement of uniform and cleaning costs each pay period as desired. The amount will then be included in the next paycheck as a reimbursement for which the City will not withhold state or federal income or social security taxes. Any remaining amount which is not used prior to June 30 of each year will be provided to the employee as a cash payment which is subject to withholding. o 7 o ° o Physical Fitness Program The Physical Fitness Program eligibility requirement currently is 30 minutes of aerobic exercise three or more times per week or six times per pay period. This requirement will be revised to be 30 minutes of aerobic exercise six times per any two- week period. Holiday Overtime Pay for Dispatchers Under existing personnel policies applicable to the Police Unit, the City pays overtime to unit members who work on Police Unit holidays at the rate of 2 1/2 times the member's regular hourly rate of pay ("holiday overtime pay"). This rate of pay is not required by federal law and is subject to restrictions negotiated between the City and the Unit. Each holiday is the 24-hour period that the City has approved for Police Unit holidays. Public Safety Dispatchers work 10-hour shifts. When they work on holidays, they will receive holiday overtime pay for those hours of their 10-hour shift worked within the 24-hour holiday period. For hours worked in excess of 10 on a holiday, Public Safety Dispatchers will receive regular pay or overtime at the time and one half rate, if they are entitled to overtime under other City policies or federal law. For example, a Dispatcher who reports to work at 7:00 p.m. on a holiday that will end at 12:00 Midnight, will be paid 5 hours of double time and one half holiday pay and 3 hours of double time pay. Public Safety Dispatchers not working the holiday will receive 8 hours of holiday pay at straight time. Meal Break (Dispatchers) The City and Unit agree that Public Safety Dispatchers' meal break time shall be increased from 30 to 45 minutes, subject to call. Continuation The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of pursuant to the representatives this Understanding is ratified and adopted reco~fLendations of the following t3---~---day of January, 1997. CITY OF UKIA~ Candace Horsley City Manager Kevin DeVries Police Officer Police ~f~er ~Yc - ~f~y D ~spa~c~e7