Res 93-081RESOLUTION NO. 93-081
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
AMENDING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF POWAY AND
THE CALIFORNIA TEAMSTERS LOCAL 911
REPRESENTING THE NON-SAFETY EMPLOYEES
WHEREAS, representatives of the California Teamsters Local 911 have met and
conferred in good faith with representatives of the City of Poway in accordance with
Government Code Section 3500 in an attempt to reach a memorandum of understanding
regarding wages, hours and other terms and conditions of employment; and
WHEREAS, as a result of these meetings, a recommended amendment to the
memorandum of understanding has been jointly prepared; and
WHEREAS, the City Council of the City of Poway wishes to adopt the amendment
to said memorandum of understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES HEREBY
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
That the Amendment to the Memorandum of Understanding between the City
of Poway and the California Teamsters, Local 911, which has been affixed
to this resolution and marked Attachment "B" is hereby adopted and is to
be incorporated into the Memorandum of Understanding.
That all other provisions of the Memorandum of Understanding between the
City of Poway and the California Teamsters, Local 911, adopted by
Resolution No. 90-177 remain in full force and effect.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this 8th day of June, 1993.
Don Higginson, I~l~r
ATTEST:
Wahlsten, City Clerk
Resolution No. 93-081
Page 2
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution No. 93- 081 was
duly adopted by the City Council at a meeting of said City Council held on the
8th day of June, 1993, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: SNESKO
Wahlsten, City Clerk
City of~oway
TENTATIVE AGREEMENTS
CITY OF POWAY
AND
TEAMSTERS LOCAL 911
May 27, 1993
The following represents the agreements arrived at during the course of
negotiations between the City of Poway and Teamsters Local 911. These
agreements are subject to ratification by the members of the Non-Safety
Employees and adoption by the City Council of the City of Poway.
All new or modified provisions are indicated by underlining.
1. Article 1, Section 3. General Provisions
Construction. The rights, powers and authority of the City
Council in all matters shall not be modified or restricted except
as provided for in this agreement.
2. Article 1, Section 3. General Provisions, add a new provision.
Fo
Layoffs. The City aqrees to meet with the union 30 days prior to
issuance of any layoff notices for the purpose of conferrinq over
the impact and implementation of said layoffs and to discuss
alternatives and options. However, the City Manaqer shall retain
the final decision with respect to the classifications and number
of employees to be laid off.
3. Article 4. Duration of Agreement
This entire agreement shall commence at 12:00 A.M. on July 1, 1993, and
terminate at 11:59 P.M. on June 30, 1996.
There shall be a re-opener in the 2nd year of this aqreement and in the
third year of this aqreement. The re-opener shall be limited to one
item for each party.
4. Article 5. Wages
Employees within the unit will receive salary adjustments in accordance
with the following:
The salary schedule effective July 6, 1992 will remain in effect throuqh
June 19, 1994.
Effective June 20, 1994, the salary schedule for all job classifications
within the MOU will be reduced by 1% (one percent) to offset the cost
of the 2% at 55 retirement benefit.
Tentative Agreements
May 27, 1993
Page 2
Selected classifications within the unit will receive salary adjustments
in addition to those specified above in accordance with the following:
Four new classifications will be created:
Park Attendant 1, Ranqe 161.1, $6.648 - $8.116
Park Attendant II, Ranqe 166.1, $6.989 - $8.532
Lifequard I, Ranqe 176.6, $7.762 - $9.476
Lifequard II/Swim Instructor, Ranqe 188.3, $8.725 - $10.651
Additional salary adjustments are as follows:
Dock Attendant, Ranqe 155.4, $6.280 - $7.666
Recreation Assistant, Ranqe 149.5, $5.920 - $7.772
Recreation Leader I, Ranqe 167.8, $7.108 - $8.678
Recreation Leader II, Ranqe 187.8, $8.681 - $10.598
Current full-time employees in the above classifications will remain in
their current salary ranqes and continue to proqress throuqh the current
steps. Current part-time employees in the above classifications will
remain at their current salary and shall be Y-rated. All new hires in
the above classifications will be hired in at the new salary ranqes.
5. Article 6, Section 1. Vacation
Vacation time can be accumulated to a maximum of 150% of one year's
eligibility. When an employee's vacation leave accrual reaches the
maximum level, the employee will stop accruinq additional vacation leave
until such time as the employee uses vacation leave below the maximum
level. At that time, the employee will beqin accruinq additional leave
from that point forward.
Employees with vacation leave above the maximum accrual level on July
1993 will continue to accrue leave for twelve months. At the end of the
twelve-month period the employee will not accrue additional leave as
lonq as his or her leave balance exceeds the maximum accrual amount.
Employees who have reached maximum accrual can request a review by their
Department Director in the event a vacation request is denied.
6. Article 6, Section 2. Sick Leave
Sick leave over three (3) working days at one time may require
certification by the employee's physician in order to receive
compensation. This requirement is at the discretion of the department
head with approval from the Personnel Manaqer.
Upon the death of an employee, compensation for unused sick leave
shall be at the same rate as the retirement benefit. Payment
shall be made to the employee's designated beneficiary.
Tentative Agreements
May 27, 1993
Page 3
o
o
Article 6, Section 4. Bereavement Leave
Employees in Public Services on flex hours schedule shall be
compensated for a nine-hour day for paid bereavement leave.
Article 7, Section 1, for both full-time and part-time sections (Parts I
and II) of the MOU, delete paragraph 5 and replace with the following:
Work schedules for Community Services employees and Public Services
employees in the Park Maintenance Worker classifications will be posted
every Monday by 8:00 a.m., one week or seven (7) days prior to the day
the schedule beqins the followinq Monday.
Requests for vacation or compensation time off must be received in
writinq by the employee's supervisor or his/her desiqnee two weeks or
fourteen {14) days prior to posting of the employee schedule. Leave
requests will be acknowledqed in writinq by the Department.
Employees may be called in to work other than for scheduled hours due to
sick leave, emerqency leave or unavailability of a scheduled employee.
Such additional work will be paid at straiqht time except as otherwise
required in the MOU.
Employees whose hours are chanqed as the result of an error or oversiqht
in the posted schedule shall receive overtime pay for all hours which
fall outside the oriqinally scheduled hours. An employee's hours cannot
be chanqed once the schedule is posted in order to avoid payment of
additional overtime.
9. Article 7, Section 2. Compensatory Time-Off {CTO}
Compensatory time off, in lieu of overtime, shall be taken as one and
one-half (1-1/2) hours for each overtime hour worked. The maximum
accumulation of compensatory time-off shall be 80 hours; however, the
accumulation of hours shall be reduced to 40 hours at the end of the
fiscal year. The employee shall be compensated for the excess
accumulation in a cash payment. Said cash payment may only occur as
part of the final pay period of the fiscal year in which the
compensatory time off was accrued. In the event an employee accrues 80
hours of compensatory time in any one fiscal year, the employee will be
ineligible to work overtime for compensatory time-off until the level of
accrued compensatory time off is drawn down below the maximum accrual
level of 80 hours.
Cash out of compensatory time off for the pay period ending June 20,
1993, will be issued on a separate payroll check.
Tentative Agreements
May 27, 1993
Page 4
10. Article 9, Section 2C, Uniforms and Equipment, add the following:
Within 90 days of July 1, 1993, the Community Services Department shall
provide all employees with a full set of new uniform shirts which shall
be replaced on an as-needed basis thereafter. Jackets will be replaced
on an as-needed basis, whether lost, stolen, or worn out. After
September 30, 1993, jackets which are lost or stolen will be the
employee's responsibility to replace; worn out jackets will be replaced
by the Department.
11. Article 9, Section 3. Probation, 2nd paragraph
12.
Any employee rejected during the probationary period from a position to
which he has been promoted shall be reinstated to a position in the
class from which he was promoted unless he is discharged for cause from
the City.
Article 9, Section 11. Layoff and Reemployment, replace the entire
section with the following:
The City may abolish any position or employment and the employee may be
laid off without taking disciplinary action and without the right of
appeal. The City aqrees to meet with the union 30 days prior to the
issuance of any layoff notice for the purpose of conferrinq over the
impact and implementation of said layoff and to discuss alternatives and
options. However, the City Manaqer shall retain the final decision with
respect to the classification and numbers to be laid off.
Persons to be laid off shall be given at least ten (10) calendar days
prior notice. Persons to be laid off between July 1, 1993 and June 30,
1994 shall be qiven at least ninety (90) calendar days prior notice.
The City will offer PERS eliqible employees an early retirement
incentive by offerinq to purchase 2 additional years of PERS service
credit. This will be a one-time offer which will be available to
employees between July 1, 1993 and September 30, 1993. Durinq the same
time period the City will offer a voluntary separation proqram to
employees in job classifications to be affected by layoffs who are not
otherwise eliqible for early retirement. Employees who voluntarily leave
City employment prior to layoff will be paid one week of reqular pay at
their current salary level for each full year of employment with the
City upon the date of voluntar.y separation.
Whenever it becomes necessary to reduce the number of employees in any
classification, the order of layoff shall be as follows:
Tentative Agreements
May 27, 1993
Page 5
Ae
Be
Ce
De
In order of seniority, the employee with the shortest service in
total City service in the affected classification shall be laid
off first.
In the event of two (2) or more employees have identical total
City service seniority, the order of layoff will be determined by
lenqth of continuous service in the affected classification.
Whenever
affected
by the Ci
two (2) or more employees have identical service in the
classification, the order of layoff shall be determined
ty Manaqer on the basis of performance.
Employees to be laid off in a particular classification have the
riqht to demote to a lower classification to a position previously
held with the City for which the employee meets the minimum
qualifications, is capable of performinq the essential functions
of the position, and has City seniority over other employees in
the lower classification.
Eo
The name of each laid off employee shall be placed on a
reemployment list for a period of 12 months and the employee be
qiven the first opportunity to return to reqular employment in the
reverse order of layoff for any layoffs occurrinq between July 1,
1993 and June 30, 1994.
For any layoffs occurrinq after June 30, 1994, the name of each
laid-off employee shall be placed on a reemployment list for a
period of 12 months in reverse order of layoff. Employees who are
laid off who have received two out of three consecutive annual
performance evaluations which are rated below standards or needs
improvement will be placed at the bottom of the reemployment list
in reverse order of layoff.
13. Article 11, Retirement, new fourth paragraph.
Effective July 1, 1993, the City will proceed to contract with the
Public Employees' Retirement System (PERS) to provide the retirement
benefit of 2% at 55 in lieu of the sinqle hiqhest year benefit. The
contract amendment will be implemented as soon as leqally possible in
accordance with PERS law, but no later than September 30, 1993.
Implementation of 2% at 55 will be applied equally to all employees
within the Miscellaneous Employees PERS cateqory.
14. Article 15. American with Disabilities Act
The City and the barqaininq unit aqree that they are subject to and must
conform to the Americans with Disabilities Act (ADA).
Tentative Agreements
May 27, 1993
Page 6
ADDITIONAL ITEMS OUTSIDE THE MOU
The City will undertake a study of all clerical/secretarial positions to
review job descriptions, duties, criteria for eligibility, and to determine
appropriate testing for employment and promotion beginning July 1, 1993.
The City and the bargaining unit will meet beginning November 1, 1993 to
confer on proposed revisions to the Personnel Rules.
The City will evaluate assignment of the Water Treatment Plant Operator II
incumbent to shift work within go days of the conclusion of negotiations.
The City will evaluate four classification requests from the bargaining unit
following completion of revisions to the Personnel Rules:
Senior Mechanic classification
Park Maintenance Worker III title
Equipment Operator classification
Desirable qualifications for classifications
The City will make bulletin board space available to the Teamsters at
locations where bulletin boards exist for employee notices, etc. Flyers,
notices, etc. to be posted by the Teamsters is subject to approval by the City
Manager or his designee.
City of Poway
Date: May 27, 1993
Final
Teamsters Local 911