Item 8 - Side Letter Amending the MOU, Changing the Work Schedule for Water Treatment Plant OperatorsFebruary 15, 2022, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL February 15, 2022 Honorable Mayor and Members of the City Council Jodene Dunphy, Human Resources & Risk M,anagement Director 4'0-Eric Heidemann, Public Works Director ~ 0 Jodene Dunphy (858) 668-4413 or jdunphy@poway.org Eric Heidemann (858) 668-4716 or eheidemann@poway.org Side Letter Amending the Memorandum of Understanding (MOU) between the City of Poway and Teamsters, Local 9-1-1 Changing the Work Schedule for Water Treatment Plant Operators The City of Poway (City) and Teamsters, Local 9-1-1 (Teamsters) are currently in the first year of a six-year Memorandum of Understanding (MOU) from July 1, 2021 through June 30, 2027. The MOU covers specified items within the scope of representation pursuant to Government Code section 3504. One of the items covered in the MOU is work schedules, specifically for Water Treatment Plant Operators (WTPOs). The Water Treatment Operators, in coordination with the Teamsters Business Representative, requested the City consider a different work schedule for the WTPOs than what was negotiated and included in the current six-year MOU. The City agreed to meet and confer with Teamsters on this issue and has reached a Tentative Agreement on a new work schedule for WTPOs. Recommended Action: It is recommended that the City Council approve the Side Letter Agreement amending the MOU between the City and Teamsters changing the work schedule for Water Treatment Plant Operators. Discussion: The current MOU between the City and Teamsters reflects a schedule consisting of six 12-hour and one 8-hour shifts during the same two-week pay period, which rotates every four weeks. With all nine of the City's WTPO Full Time Equivalent (FTE) positions filled, including three FTEs approved by the City Council as part of the Fiscal Year 2021-22 budget, the group approached the City and requested to re-negotiate their work schedule in the MOU. The City agreed to meet and confer on the issue and worked with the WTPOs and the Teamsters Business Representative to develop a new schedule for the 24-hour operations of the Lester J. Berglund Water Treatment Plant. The new schedule will consist 1 of 5
February 15, 2022, Item #8of 8-hour shifts covering day, evening and overnight hours during the week, as well as 12-hour shifts over the weekend, and will ensure two WTPOs are scheduled for every shift, while allowing for more work life balance with 8-hour shifts instead of 12-hour shifts. There will also be one WTPO position flexibly scheduled each week to help cover any vacant shifts due to preapproved time off or sick leave. The MOU will be amended through a side letter, or side agreement, which will amend Article 7 (Payroll and Work Week), Section 5 (Work Hours) specifically for the WTPOs only. The City and Teamsters have reached a Tentative Agreement on the new schedule and the amended MOU language is as follows: Article 7. Payroll and Work Week Section 5 -Work Hours Water Treatment Plant Operators 1/11/111 All Water Treatment Plant Operators (WTPOs), with the exception of the WTPO assigned to the Flex Operator shift, will work a rotating schedule consisting of 8-hour shifts covering day, evening and overnight hours during the week, as well as 12-hour shifts during the weekend, which will be rotated every 4 weeks. Employees scheduled for these shifts will have their days off grouped together, except each week one WTPO will have their two days off split for a two-week period. The WTPO assigned to the Flex Operator shift will have a regular schedule of five 8-hour shifts per work week, but with a flexible schedule that will be adjusted to work for other WTPOs who are sick or on vacation. Each WTPO with a T-3 to T-5 certification will be rotated through the Flex Operator shift, depending on the number of T-3 to T-5 Operators. There will be a minimum of two WTPOs scheduled for all shifts. The new schedule eliminates the 48-hour rotating weekend shift. Relief responsibility: The WTPO assigned to the rotating Flex Operator shift is the primary person who will be used to cover open shifts and therefore their schedule is subject to change in order to fill vacancies due to vacations or sick leave. The WTPO assigned to the Flex Operator shift is subject to working overtime on an as-needed basis. Management reserves the right to designate specific shifts for individuals on a Performance Improvement Plan (PIP) or for disciplinary actions. Both parties agree to review the schedule on an ongoing basis and meet and confer on potential changes. The new work schedule will be implemented and the side letter amending the MOU signed as soon as administratively possible following City Council approval. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of 5
February 15, 2022, Item #8Fiscal Impact: There is no additional fiscal impact associated with approval of this side letter and sufficient funds are budgeted in the Fiscal Year 2021-22 budget. Public Notification: None. Attachments: A. Side Letter between the City of Poway and Non-Safety Employees represented by California Teamsters Local 9-1-1 Reviewed/ Approved By: Wendyl<rman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney e City Manager
February 15, 2022, Item #8SIDE LETTER TO AMEND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE NON-SAFETY EMPLOYEES REPRESENTED BY CALIFORNIA TEAMSTERS, LOCAL 9-1-1 DATED JULY 1, 2021 THROUGH JUNE 30, 2027 WHEREAS, the City of Poway (City) and Non-Safety employees, represented by California Teamsters, Local 9-1-1 (Teamsters), have entered into a Memorandum of Understanding (MOU) for the period of July 1, 2021 through June 30, 2027, covering specified items which are within the scope of representation, within the meaning of Government Code section 3504; WHEREAS, pursuant to the terms of the current six-year MOU, the negotiated schedule for Water Treatment Plant Operators (WTPOs) is six 12-hour and one 8-hour shifts during the same two-week pay period, which rotates every four weeks; WHEREAS, in June 2021, the City Council approved the addition of three new Full Time Equivalent WTPO positions to have two WTPOs on duty at all times; WHEREAS, prior to implementing the negotiated schedule in the current MOU, the WTPOs requested, in coordination with the Teamsters 9-1-1 Business Representative, a change to the schedule in the MOU; WHEREAS, the City agreed to meet and confer with Teamsters on a new schedule as requested; WHEREAS, the amended schedule will consist of a rotating schedule with 8-hour shifts covering day, evening and overnight hours during the week, as well as 12-hour shifts during the weekend. Two WTPOs will be scheduled to work all shifts. One rotating WTPO position will be flexibly scheduled each week to help cover any vacant shifts due to preapproved time off, call-outs, or any other reason; and WHEREAS, the City and Teamsters have met and conferred in good faith, in compliance with Government Code section 3505, on the subject covered in this Amendment, and both the City and Teamsters support a new schedule for WTPOs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the Memorandum of Understanding (MOU) for the period of July 1, 2021 through June 30, 2027, shall now be amended to read as follows: 4of 5 Article 7. Payroll and Work Week Section 5 -Work Hours Water Treatment Plant Operators 1/11/111 All Water Treatment Plant Operators (WTPOs), with the exception of the WTPO assigned to the Flex Operator shift, will work a rotating schedule consisting of 8-hour shifts covering day, evening and overnight hours during the week, as well as 12-hour shifts during the weekend, which will be rotated every 4 weeks. Employees scheduled for these shifts will have their days off grouped together, except each week one WTPO will have their two days off split for a two-week period. The WTPO assigned to the Flex Operator shift will have a regular schedule of five 8-hour shifts per work week, but with a flexible schedule that will be adjusted to work for other WTPOs who
February 15, 2022, Item #8Side Letter to MOU between City of Poway and Non-Safety Employees Page 2 are sick or on vacation. Each WTPO with a T-3 to T-5 certification will be rotated through the Flex Operator shift, depending on the number of T-3 to T-5 Operators. There will be a minimum of two WTPOs scheduled for all shifts. The new schedule eliminates the 48-hour rotating weekend shift. Relief responsibility: The WTPO assigned to the rotating Flex Operator shift is the primary person who will be used to cover open shifts and therefore their schedule is subject to change in order to fill vacancies due to vacations or sick leave. The WTPO assigned to the Flex Operator shift is subject to working overtime on an as-needed basis. Management reserves the right to designate specific shifts for individuals on a Performance Improvement Plan (PIP) or for disciplinary actions. Both parties agree to review the schedule on an ongoing basis and meet and confer on potential changes. The City of Poway and Teamsters Local 9-1-1 agree to this Side Letter as a First Amendment to the MOU for the period of February 15, 2022 to June 30, 2027 for the City and Teamsters as contained herein. City of Poway: Chris Hazeltine City Manager Jodene Dunphy HR/Risk Director Eric Heidemann Public Works Director Troy DePriest Assistant Director of Public Works Jesse Bartlett-May Water Treatment Plant Manager Emily Wolf HR Management Analyst 5 of 5 City of Poway Non-Safety Employees Bargaining Unit (California Teamsters Local 911): Neil Sholander, Business Representative California Teamsters, Local 911 Bryce Greschke Construction Maintenance Crew Leader Chief Steward Adrian Lara Water Treatment Plant Operator Ill