HomeMy WebLinkAboutAgenda Packet - CC - 2005.07.08 City ofBurlirlgame
SURIINGAME
CITY HALL-501 PRIMROSE ROAD
BURLINGAME,CALIFORNIA W10
(650)556-7200
BURLINGAME CITY COUNCIL AGENDA
Special Meeting- Friday,July 8, 2005
Page 1 of 1
1. CALL TO ORDER 4:00 p.m., Conference Room A
2. ROLL CALL
3. PUBLIC COMMENTS - As this is a special meeting of the Council,only
comments regarding the subject matter of the meeting will be received;speakers
are requested to limit their comments to no more than three minutes.
4. CONSENT CALENDAR
a. Resolution approving changes to the Memoranda of Approve
Understanding between the City of Burlingame and The
American Federation of State, County and Municipal
Employees Locals 829 and 2190 and authorizing the City
Manager to execute the Memoranda of Understanding on
behalf of the City
5. ADJOURNMENT
NOTICE: Any attendees wishing accommodations for disabilities,please contact the City
Clerk at(650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet
is available for public review at the City Clerk's office,City Hall,501 Primrose Road,from
8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at
www.burlingame.org.
NEXT MEETING—Monday, August 1, 2005
4�CITY o� STAFF REPORT
4-r
BURUNGAME AGENDA
ITEM# 4a
MTG. 7/8/05
a.,Eo mob. DATE
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED
BY
DATE: July 8,2005
APPROVED �J
FROM: Robert Bell, Human Resources Director BY G�
SUBJECT: Resolution Approving the Memoranda of Understandings f r the American Federation of
State, County and Municipal Employees (AFSCME) Locals 829 & 2190
RECOMMENDATION:
Staff recommends that the Council approve the resolution authorizing the City Manager to incorporate the
tentative agreement between AFSCME Locals 829 and 2190 and the City of Burlingame into the Memoranda
of Understandings (MOU) for each of these units. The tentative agreement is attached to this report as Exhibit
A.
BACKGROUND:
AFSCME Local 829 represents the City's non-exempt administrative, library and recreation personnel.
AFSCME Local 2190 represents employees in the maintenance classifications in the City. The current labor
agreement expired on June 30, 2005. The City and both locals have been meeting since April to negotiate the
terms of the new agreement. The City and Union negotiators were able to craft a new agreement that was
ratified by the Union on July 6, 2005. Due to the fact AFSCME reached an agreement with the City prior to
the contract expiration date, the Council allowed an exception to the City's no retroactive pay policy.
AFSCME had extraordinary scheduling and coordination issues in scheduling ratification meetings for two
locals during the 4th of July holiday week.
The major components of the tentative agreement are as follows:
■ Term—Two year agreement effective 07/01/05 —06/30/07
■ Salary Increases:
o Effective the first pay date of July 2005, salaries will be increased by 3%.
o Effective the first pay date of July 2006; salaries will be increased by 3%.
The salary increases are intended to keep the unit at market median of the City's San Mateo County
survey market during the term of their contract. This is not consistent with the City's philosophy of
paying employee groups at 'Td in the San Mateo Market." However, based on the uncertainty of the
economic recovery and the City's long-term financial outlook,the parties reached agreement to place
salaries at market median.
■ Health benefits:
o Medical benefits were increased by the amount necessary to keep pace with the CalPERS
premiums in 2006 which is an average increase of 8.5%. In the second year,the City will grant
up to a 9% increase. If the premiums go up more than 9%,the City wilf meet and confer with
the Union on the health care contribution for 2007. In the last year,the Unit restructured their
health plan based on enrollment level in order to help the City better control rising health care
costs.
Other proposals agreed to in negotiations are included in Exhibit A.
BUDGET IMPACT:
The salary increases and health care costs associated with the new agreement were included in the
2005%06 Budget. The costs are as follows:
o Project Salary Increase Costs: $179,100
o Tiered Health Care Costs: $33,500
ATTACHMENTS:
Resolution
Exhibit A - Tentative Agreement
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING CHANGES TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BURLINGAME AND THE AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 829 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY
RESOLVED,by the City Council of the City of Burlingame:
WHEREAS, the City of Burlingame and the American Federation of State,
County and Municipal Employees (AFSCME) Local 829 have met and conferred in good
faith on the terms and conditions of employment as provided by State law; and
WHEREAS,the City and AFSCME have reached agreement on certain changes
to be made to the existing terms and conditions of employment and Memorandum of
Understanding between the City and AFSCME; and
WHEREAS,the proposed changes are fair and in the best interest of the public
and the employees represented by AFSCME; and
WHEREAS,the parties began work on this memorandum early in 2005, and
AFSCME was prompt and constructive throughout the negotiation process; and
WHEREAS,the ratification process occurred during the vacation weeks
surrounding the July 4 weekend, and AFSCME went to great lengths to ensure that the
votes of all of its members were received and counted, which required the final decision
to go over to July 5; and
WHEREAS,the City Council was not able to meet to ratify the memorandum
until July 8; and
WHEREAS,this unique, extensive, and cooperative process has met the spirit of
the City's policy of avoiding retroactive employment agreements,
NOW, THEREFORE,IT IS RESOLVED AND ORDERED:
1. The changes in existing salary, terms, and conditions of employment of the
employees represented by AFSCME as contained in Exhibit A hereto are approved.
2. The City Manager is authorized and directed to execute the terms contained in
Exhibit A and incorporate them into the Memorandum of Understanding between
AFSMCE Local 829 and the City of Burlingame.
3. The City Manager is authorized to allow for retroactive pay due to the
extraordinary scheduling and coordination efforts the Union encountered regarding
ratification meetings during the 4th of July holiday week.
MAYOR
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify
that the foregoing resolution was introduced at a special meeting of the City Council held
on the 8th day of July, 2005, and was adopted thereafter by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CITY CLERK
APPENDIX A
City of Burlingame and AFSCME Locals 829 & 2190
Comprehensive Tentative Agreement
1. Term-
2 Years (July 1, 2005 to June 30, 2007)
2. Salary:
Effective June 13, 2005, salary ranges for represented classifications shall be
increased by 3%.
Effective June 25, 2006, salary ranges for represented classifications shall be
increased by 3%.
3. Benefits:
a) Medical:
Effective 01/01/06 the City will provide a medical contribution based on
enrollment level as follows:
Employee Only= $425.50
Employee Plus one = $851.00
Employee Plus Two or more= $1,012.39
For employees that waive participation in the medical plan and can demonstrate
they have medical coverage through an alternate plan, the City will pay a no plan
allowance of$200 per month. The employee can elect to have this allowance put
in a 457 deferred compensation plan, section 125 health care or dependent day
care reimbursement account or it be paid in cash. Allowances paid in cash are
subject to applicable federal, state and local taxes.
In subsequent years of the contract, the above allowances will be increased by an
amount necessary to cover the employee only and employee plus one rates for
Blue Shield HMO.
The Employee plus two or more tier will be increased by an amount necessary to
cover the Kaiser family rate. If, in a given year, the percentage necessary to cover
the Kaiser family rate premium increases more than 9%, the parties will meet and
confer on the City's family medical contribution rate for the subsequent plan year.
b) Retiree Medical:
The City will continue its practice of matching the retiree medical contribution for
all retirees to the highest contribution granted to active employees in the Unit.
c) Dental:
The City will provide annual dental benefits as follows: '
Employee $1,700 per year
Dependents $1,000 per dependent not to exceed $2,500 cumulative per
year for all dependents
d) Vision:
Employees are eligible for one eye examination per calendar year and one pair of
glasses or contact lenses per calendar year. Disposable contacts are limited to a
12-month supply.
Maximum reimbursement for frames is $160 and maximum reimbursement for
lenses or contacts is $275. The plan does not cover replacement or prepaid
insurance charges for loss or breakage of glasses or contact lenses.
Eligible dependents receive the same coverage; except for the reimbursement
limit on frames and glasses are 50% of the original allowable cost.
e) Deferred Compensation:
The City will increase its matching contribution towards a 457 deferred
compensation plan from $65 to $97.50 per month. The parties recognize that the
City will continue to use the matching contribution as part of total salary for
salary survey purposes.
4. Occupational and Operational Proposals:
a) Effective the first pay period after ratification and council approval of this agreement,
the City agrees to reclassify the Associate Engineer Position currently occupied by Jane
Gomery to Program Manager—Engineering. The top step salary will go from$6,827 per
month to $8,371 per month.
b) The City agrees that during the first year of this contract a classification and
compensation study will be conducted on the Parking Enforcement Officer positions and
the Parking Meter Repair positions. The purpose of the study will be to identify new
duties and/or responsibilities performed by these classifications and to then conduct a
thorough salary survey to determine salary competitiveness. The City and Union
recognize that there may not be any salary adjustment recommended in this study and
that the City will evaluate its ability to pay for any recommended increase at the time the
study is concluded.
c) Effective the first pay period after ratification and council approval of this agreement,
the City to align the salary of the Facilities Maintenance Worker classification with the
Building Maintenance Worker position. As such, the Facility Maintenance Worker
monthly salary will go from $4,720.46 to $4,880.09. For future salary surveying
purposes,the Facilities Maintenance Worker classification will be used on the benchmark
classification in the job family.
d) Effective the first pay period after ratification and council approval of this agreement,
the City agrees to increase the top step monthly salary of the Traffic Sign and Paint
Leadworker from $5,079.26 to $5,260.91 in recognition for expansion of duties to
include making all regulatory, warning and street signs in house as well as supporting
and assisting the City Electrician with traffic control, work zone safety, and maintenance
of City lights. This will bring parity between this classification and the Water
Maintenance Leadworker.
e) The City agrees to conduct a classification and compensation study during the first
year of this contract on the lead worker classifications. The purpose of the study will be
to evaluate the level of duties and responsibilities associated with the various leadworker
classifications in the City and address any disparities that are identified in the study.
0 The City will change the overtime distribution procedures in the Water Division to read
as follows:
Whenever possible overtime shall be assigned on a volunteer basis. However, if there
are no qualified volunteers, overtime shall be assigned according to reverse seniority by
rotation.
h) The City will provide the following CWEA certification differentials to the
classifications of Street and Sewer Maintenance Worker, Street and Sewer Leadworker,
and Street Sweeper Operator:
$100 per month for a Collection System Grade II Certification
$100 per month for a Collection System Grade III Certification
The Collection System Grade I certification will be a requirement of the Street and Sewer
Maintenance Work classification. Current employees who do not have a grade I
certification will have until July 1, 2007 to obtain this certification.
New hires will have one year from time of probationary appointment to obtain a Grade I
certification. This testing period can be extended based on availability of testing dates.
Employees that are granted an extension whose performance is satisfactory may achieve
permanent status and any subsequent employment action directly related to the Grade I
test process shall not be subject to appeal.
i) The salary for the classification of Pump Station Leadworker will be increased from
$5,260.91 to $5,366.13 in recognition of the duties performed as advanced operator of the
SCADA Control System. In addition the position of Water Service Worker will be
reclassified to Water Service & Operations Technician and salary increased from
$4,628.52 to $5,366.13 in recognition of expansion of job duties to include maintaining, '
monitoring and adjusting of the City Well to be used for park irrigation purposes as well
as duties performed as advanced operator of the SCADA system.
j) The City agrees to have no more than 2 employees in the Water Division participate in
the DOT Program. The employees that participate in the program are subject to all the
requirements of the DOT program and must maintain a valid Class B License. The two
employees from the Water Division that participate in the DOT program and have the
Class B License are eligible for $100 per month for their Class B license.
k) The parties agree to modify section 15.2 of the current MOU to read as follows:
Employment Lists - Employment lists shall become effective upon the approval thereof
by the Human Resources Director. Lists will also be reviewed by the Civil Service
Commission in regularly scheduled public meetings. Employment lists shall remain in
effect for one (1) year from the date of approval, unless sooner exhausted, and may be
extended, prior to their expiration dates, by approval of the Human Resources Director
for up to one(1) year period, but in no event shall an employment list remain in effect for
more than two (2)years.
1) Discipline Process:
The parties agree to incorporate the discipline language attached as appendix A in
the Memorandum of Understanding for AFSCME locals 829 and 2190.
Appendix A
(Note: Language in bold/italics indicate change)
20. DISCIPLINE
20.1 General - The City retains the right to impose disciplinary
action upon an employee of this unit; however, disciplinary action
may be imposed upon any permanent employee only for cause.
20.2 Types of Penalties - Ddisciplinary action shall be limited to:
a. written reprimand,
b. suspension from work, or partial suspension from
work opportunities,
C. demotion, in class and/or pay step
d. discharge.
20.3 Notice - The City agrees to give any employee who is being
disciplined at least ten (10) days' notice of such disciplinary action.
20.4 Method of Reprimand - If the City has reason to reprimand
an employee, it shall be done in a manner that will not embarrass
the employee before other employees or the public.
20.5 Administrative Leave - The City may also place an
employee on administrative leave with pay pending and
investigation into alleged misconduct.
20.6 Appeal Rights - Any disciplinary action or measure may be
appealed in accordance with the following procedure:
20.6.1 - Within ten (10) working days of his/her receipt of
the written decision from his/her department head or
designee imposing disciplinary action, an employee wishing
to appeal must file such appeal in writing with the City
Manager.
20,6.2 - The City Manager shall consider the matter
and render a decision within fifteen (15) working
days from the date of receipt of the appeal. Upon
request of the employee or his/her representative,,
such consideration shall include a meeting with the
Appendix A
employee and his%her representative to receive any
information or position they may wish to present
The City Managers decision on written reprimands and
suspensions of one (1) day or less shall be final, and such
matters may not be grieved or appealed beyond this level.
20.6.3 Within ten(10)working days of his/her receipt of the
City Managers decision, and employee wishing to appeal
further must notify the Human Resources Director in writing
of his/her intent to do so. Any written appeal must indicate
whether the employee is:
a. Requesting a hearing before the Civil Service
Commission
or
b. Filing a grievance pursuant to the requirements of
Section 21 — Grievance Procedure, subsection 21.2.4
—Arbitration,
The employee may elect only one appeal option, not both.
21.GRIEVANCE PROCEDURE
21.1 Definitions:
21.1.1 "Days"as used herein shall be days when the City Hall
of the City of Burlingame is open for business.
21.1.2 "Grievance" is any dispute over the interpretation or
application of any provision of this Memorandum by any
employee adversely affected thereby.
21.1.3 "Grievant' is an individual employee or employee
organization adversely affected by any dispute over the
interpretation or application of any provision of this
Memorandum. It is agreed that the Union can only grieve
disputes over Sections 1, 2, 3, 4, 6 and 7 of this
Memorandum.
21.2 Steps:
Appendix A
21.2.1 Step 1 — Supervisor or Manager - Grievant shall
discuss the grievance with his/her appropriate management
personnel within fifteen (15) days of actual or constructive
knowledge of the existence of the grievance. If the issue is
not resolved, grievant shall be entitled to proceed to Step 2.
21.2.2 Step 2 — Department Head - Within ten (10) days of
the conclusion of the Step 1 meeting, grievant shall file with
his/her department head a written grievance setting forth the
following:
a. Name
b. Classification
C. Supervisor
d. Section or Sections of the Memorandum
allegedly violated
e. Remedy sought
f. Union
Within ten (10) days of receipt of the written grievance, the
department head will meet with the grievant and his/her
representative to reach a satisfactory resolution.
21.2.3 Step 3 — City Manager - If the grievance is not
resolved at Step 1 or Step 2, it may be appealed to the City
Manager within ten (10) days of the receipt of the
Department Head`s response at Step 2. Said appeal shall be
in the form of a written request to proceed to Step 3, along
with the written grievance. The City Manager or designee
shall respond to the grievance within ten (10) days of receipt
of the written appeal. The decision of the City Manager shall
be final, except as provided in Step 4.
21.2.4 Step 4 — Arbitration - If the grievant is not satisfied
with the decision at Step 3, or if the employee wishes to
appeal the decision of the City Manager in a disciplinary
matter pursuant to Section 20.6.3:
a. within five (5) days after receipt of the Step 3
response or the City Manager response in a disciplinary
matter, the grievant/employee may request in writing that
Appcndix A
the Union submit the grievance or disciplinary matter to
arbitration.
b.within ten(10)days of the grievant's receipt of the
decision at Step 3,the Union shall inform the City in writing if
its intent is to advance the grievance to arbitration.
21.2.5 Arbitrator Selection Process — If arbitration has been
invoked under 21.2.4 b. above, within five (5) days of the
Union notification that the grievance is being advanced to
arbitration, an arbitrator shall be selected by mutual
agreement, and if no agreement on an arbitrator can be
reached within that five (5) day period, the parties shall
request of the State Conciliation Service a list of five (5)
names of persons experienced in hearing grievances. Each
party shall alternately strike a name until only one (1) name
remains.The order of strike shall be determined by lot.
21.2.6 Decision - In each dispute, the arbitrator shall, as
soon as possible, hear evidence and render a decision on the
issues by referring to the written grievance and the answers
thereto at each step.After the hearing,and after both parties
have been given the opportunity to make written arguments,
the arbitrator shall submit, in writing, his/her findings and
award to the Union and the City.
The award of the arbitrator shall be final and binding.
21.2.7 Arbitrator's Authority - The arbitrator will have no
power to add to, subtract from, or modify the terms of the
Memorandum or the written policies, rules, regulations, and
procedures of the City; nor shall the arbitrator be empowered
to render a decision on issues not before the arbitrator or on
facts not supported by the evidence.
21.2.8 Arbitration Costs - The fees and expenses of the
arbitrator and each hearing shall be borne equally by the City
and the Union; or if an individual pursues arbitration without
the Union's consent, said individual shall share equally in the
cost with the City, provided, however, that no grievance
involving interpretation of this Memorandum of
Understanding may be advanced to arbitration without the
Appendix A
concurrence of the Union. All other expenses shall be borne
by the party incurring them.
21.2.9 Questions of Arbitrability - If any question arises
regarding the arbitrability of a grievance, the party raising the
question of arbitrability may, upon request, have such
question first ruled upon and decided by an arbitrator prior to
any other hearing on the merits of the grievance which would
thereafter be conducted by a second and different arbitrator.
The fees and expenses of the separate arbitrator deciding the
issue or arbitrability shall be borne by the party which raised
the question of arbitrability.
21.2.10 Waiver of Other Remedies - By submitting the
grievance to arbitration, the grievant expressly waives any
right to statutory remedies or to the exercise of any legal
process other than as provided by this grievance/arbitration
procedure. The processing of a grievance beyond Step 3 shall
constitute an express election on the part of the grievant that
the grievance/arbitration procedure is the chosen forum for
resolving the issues contained in the grievance, and that the
grievant will not resort to any other forum or procedure for
resolution or review of the issues. The parties do not intend
by the provisions of this paragraph to preclude the
enforcement of any arbitration award in any court of
competent jurisdiction.
21.3 Failure to Pursue
21.3.1 Grievant - Any failure by grievant to purse his/her
grievance within the time limits to the next step shall be a
voluntary abandonment of the grievance, and grievant shall
not thereafter be entitled to pursue said grievance. Such
settlement in favor of the City shall not prejudice the rights of
the Union or other employees to pursue a similar grievance,
provided all other requirements of this Memorandum are met.
21.3.2 Oty - Any failure by the City to respond within the
time limits set forth shall entitle grievant to pursue his/her
grievance to the next step.
21.4 Representation and Release Time
Appendix A
21.4.1 Grievant shall be entitled to be represented by his/her
Union and/or his/her attorney at any grievance meeting or
discussion described in any one (1) of the steps of the
grievance procedure; provided, however, in no event shall
more than one (1) City employee, in addition to grievant,
attend such grievance meetings.
The limitations of this Section shall apply to employees on
paid release time and not to Union staff or witnesses who
may be necessary to the grievance.
21.4.2 Neither grievant nor his/her representative shall suffer
loss of pay for attending the meetings described in the steps
of the grievance procedure.
21.4.3 Except for grievance meetings described in the steps
of the grievance procedure, neither grievant nor any
representative of grievant shall be entitled to use regular
work time to process the grievance.
21.5 Other Procedures - The grievance procedure set forth
herein shall supersede and replace any other grievance or appeal
procedures otherwise available to represented employees and are
deemed sufficient to satisfy procedural due process requirements for
such hearings and/or appeals.
RESOLUTION NO.
RESOLUTION,OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING CHANGES TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BURLINGAME AND THE AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 2190 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City of Burlingame and the American Federation of State,
County and Municipal Employees (AFSCME) Local 2190 have met and conferred in
good faith on the terms and conditions of employment as provided by State law; and
WHEREAS,the City and AFSCME have reached agreement on certain changes
to be made to the existing terms and conditions of employment and Memorandum of
Understanding between the City and AFSCME; and
WHEREAS, the proposed changes are fair and in the best interest of the public
and the employees represented by AFSCME; and
WHEREAS, the parties began work on this memorandum early in 2005, and
AFSCME was prompt and constructive throughout the negotiation process; and
WHEREAS, the ratification process occurred during the vacation weeks
surrounding the July 4 weekend, and AFSCME went to great lengths to ensure that the
votes of all of its members were received and counted, which required the final decision
to go over to July 5; and
WHEREAS, the City Council was not able to meet to ratify the memorandum
until July 8; and
WHEREAS, this unique, extensive, and cooperative process has met the spirit of
the City's policy of avoiding retroactive employment agreements,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The changes in existing salary, terms, and conditions of employment of the
employees represented by AFSCME as contained in Exhibit A hereto are approved.
2. The City Manager is authorized and directed to execute the terms contained in
Exhibit A and incorporate them into the Memorandum of Understanding between
AFSMCE Local 2190 and the City of Burlingame.
3. The City Manager is authorized to allow for retroactive pay due to the
extraordinary scheduling and coordination efforts the Union encountered regarding
ratification meetings during the 4t" of July holiday week.
MAYOR
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify
that the foregoing resolution was introduced at a special meeting of the City Council held
on the Stn day of July, 2005, and was adopted thereafter by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CITY CLERK
APPENDIX A
City of Burlingame and AFSCME Locals 829 & 2190
Comprehensive Tentative Agreement
1. Term:
2 Years (July 1, 2005 to June 30, 2007)
2. Salary:
Effective June 13, 2005, salary ranges for represented classifications shall be
increased by 3%.
Effective June 25, 2006, salary ranges for represented classifications shall be
increased by 3%.
3. Benefits:
a) Medical:
Effective 01/01/06 the City will provide a medical contribution based on
enrollment level as follows:
Employee Only= $425.50
Employee Plus one= $851.00
Employee Plus Two or more= $1,012.39
For employees that waive participation in the medical plan and can demonstrate
they have medical coverage through an alternate plan, the City will pay a no plan
allowance of$200 per month. The employee can elect to have this allowance put
in a 457 deferred compensation plan, section 125 health care or dependent day
care reimbursement account or it be paid in cash. Allowances paid in cash are
subject to applicable federal, state and local taxes.
In subsequent years of the contract, the above allowances will be increased by an
amount necessary to cover the employee only and employee plus one rates for
Blue Shield HMO.
The Employee plus two or more tier will be increased by an amount necessary to
cover the Kaiser family rate. If, in a given year,the percentage necessary to cover
the Kaiser family rate premium increases more than 9%, the parries will meet and
confer on the City's family medical contribution rate for the subsequent plan year.
b)Retiree Medical:
The City will continue its practice of matching the retiree medical contribution for
all retirees to the highest contribution granted to active employees in the Unit.
c)Dental:
The City will provide annual dental benefits as follows:
Employee$1,700 per year
Dependents $1,000 per dependent not to exceed $2,500 cumulative per
year for all dependents
d) Vision:
Employees are eligible for one eye examination per calendar year and one pair of
glasses or contact lenses per calendar year. Disposable contacts are limited to a
12-month supply.
Maximum reimbursement for frames is $160 and maximum reimbursement for
lenses or contacts is $275. The plan does not cover replacement or prepaid
insurance charges for loss or breakage of glasses or contact lenses.
Eligible dependents receive the same coverage; except for the reimbursement
limit on frames and glasses are 50% of the original allowable cost.
e)Deferred Compensation:
The City will increase its matching contribution towards a 457 deferred
compensation plan from $65 to $97.50 per month. The parties recognize that the
City will continue to use the matching contribution as part of total salary for
salary survey purposes.
4. Occupational and Operational Proposals:
a) Effective the first pay period after ratification and council approval of this agreement,
the City agrees to reclassify the Associate Engineer Position currently occupied by Jane
Gomery to Program Manager—Engineering. The top step salary will go from$6,827 per
month to $8,371 per month.
b) The City agrees that during the first year of this contract a classification and
compensation study will be conducted on the Parking Enforcement Officer positions and
the Parking Meter Repair positions. The purpose of the study will be to identify new
duties and/or responsibilities performed by these classifications and to then conduct a.
thorough salary survey to determine salary competitiveness. The City and Union
recognize that there may not be any salary adjustment recommended in this study and
that the City will evaluate its ability to pay for any recommended increase at the time the
study is concluded.
c) Effective the first pay period after ratification and council approval of this agreement,
the City to align the salary of the Facilities Maintenance Worker classification with the
Building Maintenance Worker position. As such, the Facility Maintenance Worker
monthly salary will go from $4,720.46 to $4,880.09. For future salary surveying
purposes,the Facilities Maintenance Worker classification will be used on the benchmark
classification in the job family.
d) Effective the first pay period after ratification and council approval of this agreement,
the City agrees to increase the top step monthly salary of the Traffic Sign and Paint
Leadworker from $5,079.26 to $5,260.91 in recognition for expansion of duties to
include making all regulatory, warning and street signs in house as well as supporting
and assisting the City Electrician with traffic control, work zone safety, and maintenance
of City lights. This will bring parity between this classification and the Water
Maintenance Leadworker.
e) The City agrees to conduct a classification and compensation study during the first
year of this contract on the lead worker classifications. The purpose of the study will be
to evaluate the level of duties and responsibilities associated with the various leadworker
classifications in the City and address any disparities that are identified in the study.
0 The City will change the overtime distribution procedures in the Water Division to read
as follows:
Whenever possible overtime shall be assigned on a volunteer basis. However, if there
are no qualified volunteers, overtime shall be assigned according to reverse seniority by
rotation.
h) The City will provide the following CWEA certification differentials to the
classifications of Street and Sewer Maintenance Worker, Street and Sewer Leadworker,
and Street Sweeper Operator:
$100 per month for a Collection System Grade II Certification
$100 per month for a Collection System Grade III.Certification
The Collection System Grade I certification will be a requirement of the Street and Sewer
Maintenance Work classification. Current employees who do not have a grade I
certification will have until July 1, 2007 to obtain this certification.
New hires will have one year from time of probationary appointment to obtain a Grade I
certification. This testing period can be extended based on availability of testing dates.
Employees that are granted an extension whose performance is satisfactory may achieve
permanent status and any subsequent employment action directly related to the Grade I
test process shall not be subject to appeal.
i) The salary for the classification of Pump Station Leadworker will be increased from
$5,260.91 to $5,366.13 in recognition of the duties performed as advanced operator of the
SCADA Control System. In addition the position of Water Service Worker will be
reclassified to Water Service & Operations Technician and salary increased from
$4,628.52 to $5,366.13 in recognition of expansion of job duties to include maintaining,
monitoring and adjusting of the City Well to be used for park irrigation purposes as well
as duties performed as advanced operator of the SCADA system.
j) The City agrees to have no more than 2 employees in the Water Division participate in
the DOT Program. The employees that participate in the program are subject to all the
requirements of the DOT program and must maintain a valid Class B License. The two
employees from the Water Division that participate in the DOT program and have the
Class B License are eligible for $100 per month for their Class B license.
k) The parties agree to modify section 15.2 of the current MOU to read as follows:
Employment Lists - Employment lists shall become effective upon the approval thereof
by the Human Resources Director. Lists will also be reviewed by the Civil Service
Commission in regularly scheduled public meetings. Employment lists shall remain in
effect for one (1) year from the date of approval, unless sooner exhausted, and may be
extended, prior to their expiration dates, by approval of the Human Resources Director
for up to one (1) year period, but in no event shall an employment list remain in effect for
more than two (2)years.
1) Discipline Process:
The parties agree to incorporate the discipline language attached as appendix A in
the Memorandum of Understanding for AFSCME locals 829 and 2190.
Appendix A
(Note:Language in bold/italics indicate change)
20. DISCIPLINE
20.1 General - The City retains the right to impose disciplinary
action upon an employee of this unit; however, disciplinary action
may be imposed upon any permanent employee only for cause.
20.2 Types of Penalties-Ddisciplinary action shall be limited to:
a. written reprimand,
b. suspension from work, or partial suspension from
work opportunities,
C. demotion,in class and/or pay step
d. discharge.
20.3 Notice-The City agrees to give any employee who is being
disciplined at least ten(10)days'notice of such disciplinary action.
20.4 Method of Reprimand-If the City has reason to reprimand
an employee, it shall be done in a manner that will not embarrass
the employee before other employees or the public.
20.5 Administrative Leave - The City may also place an
employee on administrative leave with pay pending and
investigation into alleged misconduct.
20.6 Appeal Rights - Any disciplinary action or measure may be
appealed in accordance with the following procedure:
20.6.1 - Within ten (10) working days of his/her receipt of
the written decision from his/her department head or
designee imposing disciplinary action, an employee wishing
to appeal must file such appeal in writing with the City
Manager.
20.6.2 - The City Manager shall consider the matter
and render a decision within fifteen (15) working
days from the date of receipt of the appeal. Upon
request of the employee or his/her representative,
such consideration shall include a meeting with the
Appendix A
employee and his/her representative to receive any
information or position they may wish to present
The City Manager's decision on written reprimands and
suspensions of one (1) day or less shall be final, and such
matters may not be grieved or appealed beyond this level.
20.6.3 Within ten (10) working days of his/her receipt of the
City Manager's decision, and employee wishing to appeal
further must notify the Human Resources Director in writing
of his/her intent to do so. Any written appeal must indicate
whether the employee is:
a. Requesting a hearing before the Civil Service
Commission
or
b. Filing a grievance pursuant to the requirements of
Section 21 - Grievance Procedure, subsection 21.2.4
- Arbitration,
The employee may elect only one appeal option, not both.
21. GRIEVANCE PROCEDURE
21.1 Definitions:
21.1.1 "Days" as used herein shall be days when the City Hall
of the City of Burlingame is open for business.
21.1.2 "Grievance" is any dispute over the interpretation or
application of any provision of this Memorandum by any
employee adversely affected thereby.
21.1.3 "Grievant' is an individual employee or employee
organization adversely affected by any dispute over the
interpretation or application of any provision of this
Memorandum. It is agreed that the Union can only grieve
disputes over Sections 1, 2, 3, 4, 6 and 7 of this
Memorandum.
21.2 Steps:
Appendix A
21.2.1 Step 1 — Supervisor or Manager - Grievant shall
discuss the grievance with his/her appropriate management
personnel within fifteen (15) days of actual or constructive
knowledge of the existence of the grievance. If the issue is
not resolved, grievant shall be entitled to proceed to Step 2.
21.2.2 Step 2 — Department Head - Within ten (10) days of
the conclusion of the Step 1 meeting, grievant shall file with
his/her department head a written grievance setting forth the
following:
a. Name
b. Classification
C. Supervisor
d. Section or Sections of the Memorandum
allegedly violated
e. Remedy sought
f. Union
Within ten (10) days of receipt of the written grievance, the
department head will meet with the grievant and his/her
representative to reach a satisfactory resolution.
21.2.3 Step 3 — City Manager - If the grievance is not
resolved at Step 1 or Step 2, it may be appealed to the City
Manager within ten (10) days of the receipt of the
Department Head's response at Step 2. Said appeal shall be
in the form of a written request to proceed to Step 3, along
with the written grievance. The City Manager or designee
shall respond to the grievance within ten (10) days of receipt
of the written appeal. The decision of the City Manager shall
be final, except as provided in Step 4.
21.2.4 Step 4 — Arbitration - If the grievant is not satisfied
with the decision at Step 3, or if the employee wishes to
appeal the decision of the City Manager in a disciplinary
matter pursuant to Section 20.6.3:
a. within five (5) days after receipt of the Step 3
response or the City Manager response in a disciplinary
matter, the grievant/employee may request in writing that
Appcndix A
the Union submit the grievance or disciplinary matter to
arbitration.
b. within ten (10) days of the grievant's receipt of the
decision at Step 3, the Union shall inform the City in writing if
its intent is to advance the grievance to arbitration.
21.2.5 Arbitrator Selection Process — If arbitration has been
invoked under 21.2.4 b. above, within five (5) days of the
Union notification that the grievance is being advanced to
arbitration, an arbitrator shall be selected by mutual
agreement, and if no agreement on an arbitrator can be
reached within that five (5) day period, the parties shall
request of the State Conciliation Service a list of five (5)
names of persons experienced in hearing grievances. Each
party shall alternately strike a name until only one (1) name
remains. The order of strike shall be determined by lot.
21.2.6 Decision - In each dispute, the arbitrator shall, as
soon as possible, hear evidence and render a decision on the
issues by referring to the written grievance and the answers
thereto at each step. After the hearing, and after both parties
have been given the opportunity to make written arguments,
the arbitrator shall submit, in writing, his/her findings and
award to the Union and the City.
The award of the arbitrator shall be final and binding.
21.2.7 Arbitrator's Authority - The arbitrator will have no
power to add to, subtract from, or modify the terms of the
Memorandum or the written policies, rules, regulations, and
procedures of the City; nor shall the arbitrator be empowered
to render a decision on issues not before the arbitrator or on
facts not supported by the evidence.
21.2.8 Arbitration Costs - The fees and expenses of the
arbitrator and each hearing shall be borne equally by the City
and the Union; or if an individual pursues arbitration without
the Union's consent, said individual shall share equally in the
cost with the City, provided, however, that no grievance
involving interpretation of this Memorandum of
Understanding may be advanced to arbitration without the
Appendix A
concurrence of the Union. All other expenses shall be borne
by the party incurring them.
21.2.9 Questions of Arbitrability - If any question arises
regarding the arbitrability of a grievance, the party raising the
question of arbitrability may, upon request, have such
question first ruled upon and decided by an arbitrator prior to
any other hearing on the merits of the grievance which would
thereafter be conducted by a second and different arbitrator.
The fees and expenses of the separate arbitrator deciding the
issue or arbitrability shall be borne by the party which raised
the question of arbitrability.
21.2.10 Waiver of Other Remedies - By submitting the
grievance to arbitration, the grievant expressly waives any
right to statutory remedies or to the exercise of any legal
process other than as provided by this grievance/arbitration
procedure. The processing of a grievance beyond Step 3 shall
constitute an express election on the part of the grievant that
the grievance/arbitration procedure is the chosen forum for
resolving the issues contained in the grievance, and that the
grievant will not resort to any other forum or procedure for
resolution or review of the issues. The parties do not intend
by the provisions of this paragraph to preclude the
enforcement of any arbitration award in any court of
competent jurisdiction.
21.3 Failure to Pursue
21.3.1 Grievant - Any failure by grievant to purse his/her
grievance within the time limits to the next step shall be a
voluntary abandonment of the grievance, and grievant shall
not thereafter be entitled to pursue said grievance. Such
settlement in favor of the City shall not prejudice the rights of
the Union or other employees to pursue a similar grievance,
provided all other requirements of this Memorandum are met.
21.3.2 Qly - Any failure by the City to respond within the
time limits set forth shall entitle grievant to pursue his/her
grievance to the next step.
21.4 Representation and Release Time
Appendix A
21.4.1 Grievant shall be entitled to be represented by his/her
Union and/or his/her attorney at any grievance meeting or
discussion described in any one (1) of the steps of the
grievance procedure; provided, however, in no event shall
more than one (1) City employee, in addition to grievant,
attend such grievance meetings.
The limitations of this Section shall apply to employees on
paid release time and not to Union staff or witnesses who
may be necessary to the grievance.
21.4.2 Neither grievant nor his/her representative shall suffer
loss of pay for attending the meetings described in the steps
of the grievance procedure.
21.4.3 Except for grievance meetings described in the steps
of the grievance procedure, neither grievant nor any
representative of grievant shall be entitled to use regular
work time to process the grievance.
21,5 Other Procedures - The grievance procedure set forth
herein shall supersede and replace any other grievance or appeal
procedures otherwise available to represented employees and are
deemed sufficient to satisfy procedural due process requirements for
such hearings and/or appeals.