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Res 21-059RESOLUTION NO. 21-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE EXECUTION OF A SIX- YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE NON -SAFETY BARGAINING UNIT EMPLOYEES, CALIFORNIA TEAMSTERS LOCAL 911 FOR THE PERIOD OF JULY 1, 2021, THROUGH JUNE 30, 2027 WHEREAS, the City of Poway ("City"), through its management representatives, has met and conferred in good faith with the Non -Safety Bargaining Unit Employees, California Teamsters Local 911 ("Teamsters"); WHEREAS, the representatives of the City and Teamsters each have exchanged freely information, opinions and proposals on matters regarding wages, hours and other terms and conditions of employment for Teamsters employees; WHEREAS, the City and Teamsters representatives have agreed on the term of a new Memorandum of Understanding to be July 1, 2021 through June 30, 2027; WHEREAS, the City and Non -Safety Bargaining Unit representatives have agreed upon the items as contained in the attached Tentative Agreement (Exhibit A) to this Resolution; and WHEREAS, Teamsters has ratified the Tentative Agreement for the period of July 1, 2021 through June 30, 2027. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: That the items in the Tentative Agreement (Exhibit A) be incorporated into the Memorandum of Understanding and adopted for implementation effective July 1, 2021. SECTION 2: That the City Manager is hereby directed and authorized to implement all provisions of the adopted Tentative Agreement which are to be incorporated into the Memorandum of Understanding without further specific actions by the City Council. No additional financial terms will be assumed beyond the terms of the approved Tentative Agreement when finalizing and executing the Memorandum of Understanding. /1 // Resolution No. 21-059 Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021, by the following vote, to wit: AYES: MULLIN, FRANK, GROSCH, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: Resolution No. 21-059 Page 3 EXHIBIT A Date: June 16, 2021 City of Poway & Teamsters, Local 911 Tentative Agreement 1. Term: 6 Years Article 4. Duration of Agreement This entire Agreement shall commence at 12:00 a.m. on July 1, 2021 and terminate at 11:59 p.m. on June 30, 2027. 2. Wages: Year 1: $7,500 Stipend Year 2: $7,500 Stipend Year 3: 3.0% Salary Increase Year 4: 5.0% Salary Increase Year 5: 5.0% Salary Increase Year 6: 5.0% Salary Increase Article 5. Wages Year 1 A cash stipend in the amount of Seven Thousand Five Hundred Dollars ($7, 500) shall be paid in one payment in the first full pay period after ratification of the terms of a successor MOU by Teamsters and approval by the City Council. In order to receive the one-time payment, the employee must be employed on the last day of the first full pay period after ratification of the terms of a successor MOU by Teamsters and approval by the City Council. The stipend shall be pro -rated for part-time, regular employees based on their FTE. For example, a part-time, regular employee with .50 FTE will receive 50% of the stipend payments at the same time as full-time regular employees. Any part of the stipends which equates to six percent (6%) or less of the employee's salary paid to Classic employees of Tier 1 & 2 will be reported to Ca!PERS. This stipend is not reportable to CaIPERS for PEPRA employees. Employees who are hired after the first stipend payment will receive a pro -rated portion of the stipend payment based on the remaining pay periods in the fiscal year. Employees may have all or a portion of the stipend deposited to their ICMA 457 account upon following proper notification guidelines provided by the Human Resources or Finance departments, up to the maximum IRS allowable amount. Year 2 A cash stipend in the amount of Seven Thousand Five Hundred Dollars ($7, 500) shall be paid in one payment in the first full pay period in July 2022. In order to receive the one-time payment, the employee must be employed on the last day of the first full pay period after ratification of the 1 Resolution No. 21-059 Page 4 Date: June 16, 2021 terms of a successor MOU by Teamsters and approval by the City Council. The stipend shall be pro -rated for part-time, regular employees based on their FTE. For example, a part-time, regular employee with .50 FTE will receive 50% of the stipend payments at the same time as full-time regular employees. Any part of the stipends which equates to six percent (6%) or less of the employee's salary paid to Classic employees of Tier 1 & 2 will be reported to CaIPERS. This stipend is not reportable to Ca1PERS for PEPRA employees. Employees who are hired after the Year 2 stipend payment is made will receive a pro -rated portion of the stipend payment based on the remaining pay periods in the fiscal year. Employees may have all or a portion of the stipend deposited to their iCMA 457 account upon following proper notification guidelines provided by the Human Resources or Finance departments, up to the maximum iRS allowable amount. Year 3 Effective at the beginning of the first full pay period in July 2023, an across the board salary increase of 3% will be provided to alt employees of the bargaining unit. Year 4 Effective at the beginning of the first full pay period in July 2024, an across the board salary increase of 5% will be provided to all employees of the bargaining unit. Year 5 Effective at the beginning of the first full pay period in July 2025, an across the board salary increase of 5% will be provided to all employees of the bargaining unit. Year 6 Effective at the beginning of the first full pay period in July 2026, an across the board salary increase of 5% will be provided to all employees of the bargaining unit. 3. Sick Leave The City will increase the cap on cashing out accumulated sick leave upon retirement to 6% effective July 1, 2021 for each of the respective tiers and 2% effective July 1, 2022 for each of the respective tiers. The 6% reflects cumulative median increases in the San Diego market for the last two years and the next fiscal year. The 2% for July 1, 2022 reflects projected median increases for San Diego Market. The City also agrees to establish an additional tier for employees who retire after 20 or more years of service to the City of Poway to receive 50% of sick leave cash out with a cap that is 5% above the tier for employees who retire after 15 years of service. 2 Resolution No. 21-059 Page 5 Date: June 16, 2021 Article 6. Leaves H. Payout of Sick Leave After five years of continuous employment with the City and upon retirement, an employee will receive compensation for unused sick leave as follows: 1. Upon retirement, an employee will receive 50% of all sick leave hours accrued and not used in the form of a deposit to their Retirement Health Savings Plan account. Payout of sick leave shall be provided on a graduated scale for employees who retire, based on years of service as follows: a. An employee who retires after 5-9 years of service will receive 50% cash -out, with a cap of $6, 915.84 beginning July 1, 2021 and $7,054.15 beginning July 1, 2022. b. An employee who retires after 10-14 years of service will receive 50% cash -out, with a cap of $9,221.13 beginning July 1, 2021 and $9,405.55 beginning July 1, 2022. c. An employee who retires after 15-19 years of service will receive 50% cash -out with a cap of $11,526.40 beginning July 1, 2021 and $11,756.94 beginning July 1, 2022. d. An employee who retires after 20 or more years of service will receive 50% cash - out with a cap of $12,102.73 beginning July 1, 2021 and $12,344.78 beginning July 1, 2022. e. Each cap will increase by the same percentage as across-the-board wage increases, beginning with the July 1, 2023 wage increase and as outlined in the table below: 3 7/1/2023 7/1/2024 7/1/2025 7/1/2026 3.0% 5.0% 5.0% 5.0% 5-9 years $ 7,265.78 $ 7,629.07 $ 8,010.53 $ 8,411.05 10-14 years $ 9,687.72 $ 10,172.11 $ 10,680.71 $ 11,214.75 15-19 years $ 12,109.64 $ 12,715.13 $ 13,350.88 $ 14,018.43 20+years $ 12,715.13 $ 13,350.88 $ 14,018,43 $ 14,719.35 3 Resolution No. 21-059 Page 6 Date: June 16, 2021 4. Holidays Article 6. Leaves B. Additional One -Time Designated Holidays The following holidays will be observed as additional one-time designated holidays: Year 1: Thursday, December 23, 2021 (in exchange for the 8 hours of flex credit from Friday, December 24, 2021 which is a dark Friday) Year 2: No additional one-time, designated holidays (Christmas is on Sunday — observed on Monday, December 26, 2022; New Year's Day is on Sunday - observed on Monday, January 2, 2023) Year 3: No additional one-time, designated holidays (Christmas is on a Monday — City Hall will be closed; New Year's Day is also on a Monday— City Hall will be closed) Year 4: Monday, December 23, 2024, and Tuesday, December 24, 2024 (City Hall is closed Friday, December 20, 2024.) Year 5. Friday, December 26, 2025 Year 6: No additional one-time, designated holidays (Christmas is on a Friday and New Year's Day is on a Friday) 5. Holidays (Regular Part -Time Employees) Regular part-time employees represented by the Teamsters bargaining unit will qualify for holiday pay from their first date of employment. The wait period of 18 or 24 months before receiving holiday pay is eliminated. Article 7. Leaves C. Holiday Pay 1. Regular half-time employees shall receive regular pay for hours worked on a Designated Holiday. a. To be eligible for holiday pay, an employee must be in paid status in the pay period that includes the Designated Holiday. b. Half-time employees shall receive four hours holiday pay, whether on or off duty, on a Designated Holiday. 4 Resolution No. 21-059 Page 7 Date: June 16, 2021 2. Regular three quarter -time employees shall receive regular pay for hours worked on a Designated Holiday. a. To be eligible for holiday pay, an employee must be in paid status in the pay period that includes the Designated Holiday. b. Three quarter -time employees shall receive six hours holiday pay, whether on or off duty, on a Designated Holiday. c. Three quarter -time employees shall receive double time for hours worked on a Designated Holiday. 6. ICMA 457 PLAN MATCH Year 1 The City will increase the dollar for dollar match to employees' 457 plan by an additional $50, beginning with the pay period that includes July 1, 2021. The total dollar for dollar contribution will be a total of $850 per fiscal year. Year 4 The City will increase the dollar for dollar match to employees' 457 plan by an additional $50, beginning with the pay period that includes July 1, 2024. The total dollar for dollar contribution will be a total of $900 per fiscal year. Article 8. Benefits A. 457 Plan 1. Beginning with the pay period that includes July 1, 2021, the City will provide a dollar -for -dollar match, of up to $850, for each employee's contributions to the 457 deferred compensation plan each fiscal year. Beginning with the pay period that includes July 1, 2024, the City will provide a dollar -for -dollar match, of up to $900, for each employee's contributions to the 457 deferred compensation plan each fiscal year. 7. Reimbursement for DMV Certified Medical Exam The City will reimburse employees required to undergo a DMV certified medical evaluation for a Class A license required by the job description for the cost of the medical evaluation if it is not through the City's occupational health provider, up to a maximum of $150 per required exam by a DMV certified medical provider. 5 Resolution No. 21-059 Page 8 Date: June 16, 2021 Article 9. Special Pay Section 11— Reimbursement for DMV Certified Medical Exam for Class A License Renewal The City will reimburse employees required to undergo a DMV certified medical evaluation for a Class A license for the cost of the medical evaluation if it is not through the City's occupational health provider, up to a maximum of $150 per required exam by a DMV certified medical provider. 8. Tuition Reimbursement Effective July 1, 2021, the City will increase the tuition reimbursement, under the guidelines of the current City policy, to $2,000 per fiscal year per employee. Section 1- Tuition Reimbursement A. The actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $2, 000 per fiscal year per employee, will be reimbursed to all regular City employees for professional and technical courses in accredited educational institutions provided that: B. Regular City employees may also request reimbursement for actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $2, 000 per fiscal year per employee, for courses that result in the issuance of Continuing Education Units (CEUs) or Continuing Education contact hours required for certification renewal, so long as: 9. Recuperation time The City agrees to providing recuperation pay up to a maximum of 9 hours or until the end of the employee's regular shift, whichever is Tess. Article 9. Special Pays D. Recuperation Time An employee who has been on duty for 16 or more hours within a 24-hour period shall be required to take a minimum of nine (9) consecutive hours off for rest and recovery prior to returning to work. If any portion of the required rest period extends into the employee's next scheduled work shift, the City shall pay the employee's regular base pay, hour for hour, up to a maximum of nine (9) hours for and through the end of the employee's next scheduled shift, if the employee is normally scheduled to work within the 9 hours of recuperation/rest time. Time from one (1) to seven (7) minutes shall be rounded down, and time from eight (8) to 14 minutes must be rounded up and counted as a quarter hour, Employees who are on recuperation time will still be required to respond to and work emergency situations when directed by their supervisors. 6 Resolution No. 21-059 Page 9 Date: June 16, 2021 10. Shift Differential Shift differential pay will be 7.5% per hour. Section 6 - Shift Differential Shift differential refers to extra pay received by employees for working a less than desirable shift (late nights, evenings). Shift differential is additional compensation intended to recognize time worked outside of regular day shifts. Shift differential does not apply for emergency responses where overtime, call back pay or recuperation time applies, or if an employee requests a temporary adjustment to their schedule. It is meant for regular schedules that are outside of regular or typical day shifts or a temporary change in schedule required to complete a project outside of normal business hours whereby the employees' hours or regular schedule are flexed in order to complete the project. A. Filtration Plant Employees Filtration Plant employees required to work the afternoon and evening shift (3:00 p.m. to 11:00 p.m.) and the night shift (11:00 p.m. to 7:00 a.m.) shall be entitled to receive shift differential pay of 7.5% in addition to their regular rate of pay. Filtration Plant employees assigned to work the forty-eight (48) hour weekend shift shall receive shift differential while working from 7:00 a.m. to 3:00 p.m. or 3:00 p.m. to 11:00 p.m. on Saturday and Sunday and while working from 11:00 p.m. to 7:00 a.m. on Saturday night and Sunday night. B. Public Works Employees Public Works employees in the Park Maintenance Worker classification who are assigned a work schedule beginning at or after 11:30 a.m. which requires them to work a shift that ends between the hours of 3:30 p.m. and 5:00 a.m. shall be entitled to shift differential pay of 7.5% of base pay in addition to their regular hourly rate of pay regardless of when the employee's meal period is scheduled. However, if the meal period is scheduled outside these hours, the employee will be paid shift differential only for the hours actually worked. Public Works employees who are required to work outside of their regular work schedule shall receive shift differential pay of 7.5% of base pay. C. Community Services Employees Community Services employees in the Park Ranger classifications who are assigned a work schedule beginning at or after 11:30 a.m. which requires them to work a shift that ends between 3:30 p.m. and 5:00 a.m. shall be entitled to shift differential pay of 7.5% of base pay in addition to their regular hourly rate of pay regardless of when the employee's meal period is scheduled. However, if the meal period is scheduled outside these hours, the employee will be paid shift differential only for the hours actually worked. Resolution No. 21-059 Page 10 Date: June 16, 2021 D. General Employees scheduled to work during the general office hours of 7:30 a.m. to 5:30 p.m. will not receive shift differential pay for hours worked between 3:30 p.m. and 5.30 p.m. 11. Safety Shoes Employees may receive one additional pair of safety shoes per year up to a maximum of $125 at the supervisor's discretion if an employee's boots are damaged due to accidental circumstances in the course of work, and the employee has used their maximum allowance. Article 9. Special Pay For employees in the Lake Operations, Park and Landscape Maintenance Divisions, and Public Works, the City will provide uniforms that are required by the City in accordance with the following: A. Safety Shoes Safety shoes shall be worn by employees as required by the City. Employees will be provided reimbursement for safety shoes and/or inserts, laces, toe - protectors or resoling of safety shoes up to $ $250 each fiscal year, on as as - needed basis for regular wear and tear. Employees may purchase more than one pair of safety shoes each fiscal year, as needed, within the annual $250 maximum. in order to receive reimbursement, the employee must submit original receipts as proof of purchase to their department. Reimbursement will be made through accounts payable. All other safety clothing required in the performance of duties shall be furnished by the City. If during the course of work, an employee's safety shoes are destroyed due to unforeseen or accidental circumstances while working and the employee has used their maximum allowance, a supervisor may authorize one replacement pair of safety shoes up to $125 per fiscal year. The list of authorized classifications for reimbursement of safety shoes is listed in Part i (Full -Time Employees), Article 9, Section 2. 12. HVAC Pay Section 8 - HVAC Differential Pav Employee(s) in the classifications of Facilities Technician and/or Senior Facilities Maintenance Technician may be assigned to perform HVAC -related duties. Employee(s) assigned to HVAC -related duties for which the individual is 8 Resolution No. 21-059 Page 11 Date: June 16, 2021 required to hold an EPA Universal Certificate and the tasks performed are documented in the City's asset management system, shall receive a salary differential of 10% above their salary range and step for the time they spend working on the HVAC systems when the HVAC work is directed by their supervisor. 13. Medical Cost Sharing Beginning with new medical plan year in December 2023, the City proposes to pay the same amount for the CIGNA PPO plan at all coverage levels as it does for the CIGNA HMO plan. See table below based on current monthly medical insurance rates. Article 8. Benefits Section 1- Hospital and Medical Beginning on the date of hire, an employee, upon proper application and acceptance, shall be covered by health and dental benefits with coverage as set forth from time to time in the agreement between the City and the carrier(s). Health benefit premiums for each employee shall be paid in full by the City. Dependents of each employee may also be covered by health benefit coverage, upon proper application and acceptance. The cost of dependent coverage of the medical and dental plan will be shared equally between the City and the employee for any PPO plans. The City contribution for dependent care for HMO medical plans is 60%. The employee contributes 40% of the dependent contribution. The employee's share of the cost will be made through payroll deduction. The parties to this Agreement agree to work with the City Insurance Committee to keep the overall cost of future premium increases to a minimum. Effective with the new plan year December 2023, health benefit premiums for each employee shall be paid as follows: Kaiser HMO City Paid Employee Only: 100% Employee Only Employee Plus One: 100% Employee Only + 60% of Dependent Family: 100% Employee Only + 60% of Family CIGNA HMO City Paid Employee Only: 100% Employee Only Employee Plus One: 100% Employee Only + 60% of Dependent Family: 100% Employee Only + 60% of Family CIGNA PPO Employee Only: Employee Plus One: Family: 9 City Paid Equivalent to the amount paid by the City of CIGNA HMO at the Employee Only coverage level Equivalent to the amount paid by the City of CIGNA HMO at the Employee Plus One coverage level Equivalent to the amount paid by the City of CIGNA HMO at the Family coverage level Resolution No. 21-059 Page 12 Date: June 16, 2021 During the term of this MOU, the City reserves the right to make carrier or plan changes if our existing medical coverage requires a change that is outside of the City's control such as but not limited to: required legislative changes, a cost increase that exceeds the City's budgeted amount, the elimination of a current plan offering, or the removal of a major medical group from the carrier's provider network. In the event that this situation arises, the City, at its earliest opportunity will notify employees of the changes taking place. in situations where changes to contributions are required, the City will meet and confer with the Association. 14. Medical — Regular Part -Time Employees Beginning the first day of the month following ratification by Teamsters and approval by the City Council, regular part-time employees represented by the Teamsters bargaining unit who are in the 24 month waiting period after hire to be eligible for medical coverage may elect coverage under the City's medical and/or dental plans. ,Article 9. Benefits Section 1 - Hospital and Medical The first day of hire, an employee, upon proper application and acceptance, shall be covered by health and dental benefits with coverage as set forth from time to time in the agreement between the City and carrier(s). A. Half-time employees may elect coverage under the City's medical and/or dental insurance to be effective on the first day of employment. 1. The half-time employee shall pay 50%, and the City shall pay 50% of the health benefit premiums for the employee -only coverage. 2. The cost of dependent coverage of the medical and dental plan of the employee's choice will be as follows for half-time employees: the employee will pay seventy-five percent (75%), and the City will pay twenty-five percent (25%). 8. Three quarter -time employees may elect coverage under the City's medical and/or dental insurance to be effective on the first day of employment. 1. Three quarter -time employees shall pay 25% and the City shall pay 75% of the health benefit premiums for the employee -only coverage. 2. The cost of dependent coverage of the medical and dental plan of the employee's choice will be as follows for three quarter -time employees: the employee will pay sixty- two and one-half percent (62.5%), and the City will pay thirty-seven and one-half percent (37.5%). The employee's share of the cost will be made through payroll deduction. 10 Resolution No. 21-059 Page 13 Date: June 16, 2021 Section 2 - Eye Care A. Half-time employees may elect coverage under the City's vision care plan effective on the first day of employment. The City shall pay 50% of the cost of the premium for the coverage of the employee and his/her dependents, and the employee shall pay the remaining 50% of the premium. The employee's share of the cost will be made through payroll deduction. B. Three quarter -time employees may elect to be covered by the City's vision to be effective on the first day of employment. C. The City shall pay seventy-five percent (75%) of the cost of the premium for the coverage of the employee and his/her dependents, and the employee shall pay the remaining twenty-five percent (25%) of the premium. The employee's share of the cost will be made through payroll deduction. 15. Additional PERS Contribution Beginning July 1, 2024 (Year 4 of the proposed contract term) Teamsters employees considered CaIPERS "classic" members in Tier 1 and Tier 2, will contribute an additional 1% towards CaIPERS costs for a total of 9%. For those employees hired on or before December 31, 2011, and considered "classic" members as defined above: Employees considered "classic" members will contribute the required member share of seven percent (7%) of his/her compensable eamable salary, on a pre-tax basis, to the extent permitted by the internal Revenue Code, towards the "member contribution" portion of their CaIPERS retirement account. In addition, employees considered "classic" members will contribute another one percent (1 %) pursuant to Government Code Section 20516 toward the employer's share, on a pre-tax basis to the extent permitted by the Internal Revenue Code. Beginning the first full pay period in July 2024, employees considered "classic" members will contribute an additional one percent (1%) pursuant to Government Code Section 20516 towards the employer's share, on a pre-tax basis to the extent permitted by the internal Revenue Code. The total employee contribution will be 9%. The City will provide under its contract with CaiPERS the following provisions for each employee in this first tier: 1. The Indexed Level 1959 Survivors Benefits; 2. The retirement benefit of 2% -at -55 formula; and 3. The One Year Final Compensation option. Upon retirement from the City of Poway following at least 20 years of service, the City also provides a supplemental PARS administered benefit applied to Poway and all prior CaiPERS service with previous public agencies. When combined with CaiPERS, this is the equivalent of the 2.7% @ 55 formula total retirement benefit. 11 Resolution No. 21-059 Page 14 Date: June 16, 2021 For employees hired after December 31, 2011, and considered "classic" members as defined above: The City will provide under its contract with CaiPERS the following provisions for each employee in this second tier: 1. The retirement benefit of 2% -at -60 formula; 2. The Indexed Level 1959 Survivors Benefits; and 3. Average of three highest years' compensation. Employees in the second tier and considered "classic" members will contribute the required member share of seven percent (7%) of his/her compensable earnable salary on a pre-tax basis, to the extent permitted by the Internal Revenue Code, towards the "member contribution" portion of their CaIPERS retirement account. In addition, employees in the second tier considered "classic" members will contribute another one percent (1 %) pursuant to Government Code Section 20516 toward the employer's share, on a pre-tax basis to the extent permitted by the Internal Revenue Code. Beginning the first full pay period in July 2024, employees considered "classic" members will contribute an additional one percent (1%) pursuant to Government Code Section 20516 towards the employer's share, on a pre-tax basis to the extent permitted by the Internal Revenue Code. The total employee contribution will be 9%. Regular full-time employees hired after January 9, 2012 are not eligible for a supplemental PARS benefit. 16. General MOU Language Clean Up 12 ACCEPTED ON June 16, 2021 by: FOR GENERAL EMPLOYEE REPRESENTATIVES Neil Sholander Bryce Greschke Stephanie Lacombe Jeff Zamora Jasonlfcc, Jesse Gonzales Michael Alcanter Resolution No. 21-059 Page 15 Date: June 16, 2021 FOR CITY OF POWAY Jodene Dunphy Will Wiley Emily Wolf Leah T6,s Vleolf) 4