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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