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HomeMy WebLinkAboutReso - CC - 030-2012RESOLUTION NO. 10_2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCIVIE) LOCAL 829 and 2190 WHEREAS, the AFSCME Local 829 labor agreement with the City and the AFSCME Local 2190 labor agreement with the City expired on December 31, 2011; and WHEREAS, AFSCME 829 and 2190 and the City have been in continual good -faith negotiations since the expiration of the labor agreements; and WHEREAS, AFSCME 829 and 2190 have agreed and their respective memberships have ratified proposed labor agreements with the City; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Council determines that all of the above facts and those recited in the staff report are true and correct. 2. The City Council hereby approves a Memorandum of Understanding between the City and AFSCME 829 and the City and AFSCME 2190 and authorizes the City Manager to execute that agreement, in the form attached as Exhibit "A" to the staff report. 1, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 7th day of May, 2012, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCR,BROWNRIGG,DEAL, REIGHRAN, NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mary Olen Kearney, City Cle k EXHIBIT A 2011 Negotiations TENTATIVE AGREEMENT Between The City of Burlingame and AFSCME Local 829 and Local 2190 April 3, 2012 • Article 29 Term o January 1, 2012 to June 30, 2015 Article 8 Salary Plan o Section 8.1 • Effective the first payroll after adoption salaries for the represented classifications shall be increased by 1.0%. ■ Effective the first payroll in January 2013 salaries for the represented classifications shall be increased by 1.0%. ■ Effective the first payroll in January 2015 salaries for the represented classifications shall be increased by 3.0%. • Article 9 Insurance and Other Benefits o Article 9.1.1 PERS Health o Article 9.1.2 Flexible Benefits Plan WON . . o Article 9.1.2 Flexible Benefits Plan NO PLAN - Effective July 1, 2012, any Employee that demonstrates they have medical insurance from another service, which is not provided through the City, will receive T-m�- Three Hhundred and F€iftv Dollars ($35280) per month in lieu of Medical Benefits. The Two Three Hhundred and Ffifty Dollars ($352.80) per month may be put into a Deferred Compensation, Section 125 Plan, or taken in cash. Any cash payment is subject to normal taxation. Employees who receive medical benefits as a dependent shall receive $200 per month through December 31, 2012. o Section Retiree Medical Retiree Medical for Employees Hired Prior to March 31, 2008 Effective August 1, 2012, employees hired prior to March 31, 2008, who retire from the City, will receive a retiree medical benefit in accordance with the following: • For eligible retirees who are under the age of 65, the City contribution will be equivalent to the premium for the Blue Shield Bay Area Region Single, Kaiser Bay Area Regional Two -Party, or Kaiser Bay Area Regional Family coverage as applicable. • For eligible retirees who are 65 years of age or older and enrolled in Medicare the City contribution will be equivalent to the premium for the average of Kaiser, Blue Shield HMO and PERS Choice for the Bay Area Region Single, Two -Party, or Family Medicare coverage as applicable. • The City will implement an Irrevocable Trust for all new contributions towards the City's GASB 45 obligations. • If the BPOA receives a retiree medical benefit that exceeds the retiree medical benefit that has been negotiated for the current employees in AFSCME, then the City shall apply the BPOA negotiated retiree medical benefit to the employees in the bargaining unit represented by AFSCME. o Section NEW Retiree Medical ■ Retiree Medical for Emnlovees Hired On or After January 1, 2012 Employees hired on or after January 1, 2012 shall receive the following contributions to a Retirement Health Saving Account, based on years of service with the City, in lieu of the Retiree Medical Benefits in Section 9.1.4 Retiree Medical. Years of Service Monthly Contribution 0- to the end of the 5th year of service 10.0% 1 1 X1.1.1. Payoff Upon Retirement —This Section will be eliminated Jul v 1, 2013. If an employee elects to be paid off for secured sick leave he/she will be paid according to the following schedule: All Hours Between: Payout 0000 —0600 25% 0601-1200 35% 1201-1560 50% Under this program the maximum amount of hours that will be paid out is 540 hours. 11 fSif 11 1 1 X1.1.1. Payoff Upon Retirement —This Section will be eliminated Jul v 1, 2013. If an employee elects to be paid off for secured sick leave he/she will be paid according to the following schedule: All Hours Between: Payout 0000 —0600 25% 0601-1200 35% 1201-1560 50% Under this program the maximum amount of hours that will be paid out is 540 hours. 11 11 1 1 X1.1.1. Payoff Upon Retirement —This Section will be eliminated Jul v 1, 2013. If an employee elects to be paid off for secured sick leave he/she will be paid according to the following schedule: All Hours Between: Payout 0000 —0600 25% 0601-1200 35% 1201-1560 50% Under this program the maximum amount of hours that will be paid out is 540 hours. The employee is required to call in each day of the absence; the supervisor may waive this daily contact if it is judged to be impractical. Departments may establish specific call-in procedures based on operational need. 13.1.3 Physician's Certificate When absence is for more than four (4) workdays, or whenever management personnel have a bona fide question about the propriety of a request for sick leave, the employee shall file a physician's certificate with the appropriate management personnel verifying the medical need for the absence in compliance with HIPAA. 13.1.4. Sick Leave Abuse The City recognizes that employees will need to use sick leave occasionally, and that the majority of employees do not abuse their sick leave benefits or use excessive amounts of sick leave absent a long-term illness, injury, or ongoing serious health condition. Generally, when a pattern of abuse of sick leave is identified, the department head or supervisor shall evaluate such cases. In those cases where sick leave has been abused, appropriate corrective action including discipline up to and including termination may be taken. Except when sick leave use is known to be in connection with long-term illness, injury, or ongoing medical condition, abuse of sick leave shall generally be defined as follows: (a) Where an employee demonstrates a pattern of using sick leave adjacent to a regular day off or scheduled day off such as vacation or compensatory time off, (b) Where an employee demonstrates a pattern of using sick leave within a discernable period of time after which the leave was earned; (c) Where an employee regularly uses sick leave in excess of 64 hours per annual 12 -month performance evaluation review period; (d) Where an employee regularly uses all of their accrued sick leave which requires use of other paid leaves or unpaid leave to cover the absence; (e) Where an employee fraudulently uses any single occurrence of sick leave, including falsifying or omitting facts or documentation regarding the illness or injury upon which the sick leave absence is based. 13.1.5. Sick Leave Upon Retirement The City contracts for CaIPERS Credit for Unused Sick Leave option. Upon retirement, unused sick leave will be reported to CalPERS and will be converted to service credit in accordance with CalPERS rules and procedures. 13.1.6. Sick Leave Integration This Side Letter shall be in effect up to and including June 30, 2015. The benefits of this Side Letter shall expire after June 30, 2015. City Proposals for Local 829 • Section 1. Recognition: Eliminate Accounting Clerk and add Accounting Assistant • Article 3 Union Security 3.1 Agency Shop Consistent with the provisions of the California Government Code, Section 3502.5, an employee covered by this agreement shall either: (1) become a member of the Union and pay regular Union dues, or (2) pay to the Union an agency (representation) fee as permitted by law, or (3) present to the Union and the City's Human Resources Director a written declaration that he or she is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations. An employee who qualifies for this exemption shall, in lieu of the agency fee payment, pay an amount equal to the agency fee to one of the following non -religious, non -labor charitable organizations: (a) the American Heart Association; (b) the American Red Cross; (c) Community Gate Path or (d) Shelter Network. An employee who claims such exemption must submit written proof of such charitable payment annually to the Union and the Human Resources Director. If the employee fails to provide such written proof, the employee will be required to pay the agency fee. 3.2 Fee Deduction If any employee in a classification covered by this MOU fails to authorize one of the above deductions within thirty (30) calendar days of date of hire or within thirty (30) calendar days notice of the provisions of this agency shop, the City shall deduct the agency fee from the employee's paycheck. The City shall determine the timing of such automatic deductions. The requirement that employees who are not members of the Union pay this representation agency fee shall remain in effect until the earlier of: (1) expiration of this Agreement; (2) termination of the Agency Shop clause by action of the bargaining unit; or (3) legislation invalidating the manner in which Agency Shop was adopted. In the event that employees in the representation unit vote to rescind Agency Shop, the provisions of Section 3.3 — Maintenance of Membership, shall apply to dues - paying members of the Union. 3.5.3 Annually, the Union shall provide the City with copies of the financial report which the Union annually files with the California Public Employee Relations Board, the United States Department of Labor (Form LM -2), or the Union's balance and operating statement for the prior year. Failure to file such a report within sixty (60) days after the end of its fiscal year shall result in the termination of all agency fee deductions without jeopardy to any employee, until such report is filed. 3.5.4 The Union shall refund to the City any amount paid to it in error upon presentation of supporting evidence. 3.6 City Obligations 3.6.1 Any new employees hired into positions covered by this Memorandum of Understanding shall be provided by the City and shall execute an "Employee Authorization for Payroll Deduction" form selecting one of the following: (1) Union dues; (2) agency fee; or (3) if he/she qualifies pursuant to the requirements of Section 32.6.1 (3) above, a fee equal to agency fee payable to one of three negotiated charities. 3.6.2 All dues and; service fee deductions shall be transmitted to Local 829 in an expeditious manner. 3.6.3 All transmittal checks shall be accompanied by documentation which denotes the employee's name, employee ID number, amount of deduction and member or fee payor status. 3.6.4 The City shall hand out agreed upon Union materials along with Agency Shop forms. 3.7 Hold Harmless The Union shall indemnify, defend, and hold the City harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Union Security section, or any action taken or not taken by the City under this Section 3. This includes, but is not limited to, the City Attorney's fees and costs. • Section 3.11. Notification of Discipline: Move to Section 20. Discipline. • Section 6.1. Access to Personnel Files: Move the following to Section 20. Discipline. • Section 20.6.3: Within ten (10) working days of his/her receipt of the City Manager's decision, an 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 that the whether- employee is filing a grievance pursuant to the requirements of Section 21 — Grievance Procedure, subsection 21.2.4 — Arbitration. City Proposals for Local 2190 • Section 3.11. Notification of Discipline: Move to Section 20. Discipline. • Section 6.1. Access to Personnel Files: Move the following to Section 20. Discipline. No written reprimand or performance evaluation shall be placed in an employee's personnel file until the employee has been given the opportunity to review and a reasonable opportunity to respond in writing to such a document. "Written reprimand" as used herein is defined as a written communication to the employee formally notifying the employee of conduct or omission which is the basis for discipline. • Section 9.3 Vision Care Plan: The maximum reimbursement for Peligible dependents shall be 50% of the expense up to a maximum of $80 for frames and $137.50 for lenses or contacts. receive the same ept for the reir..bttrve.«eR* liffRit .,., f . mes aft glasses are 50% of the original allowable cost. • Section 9.9.1. CalPERS Retirement Provisions: � YS�iil:!!RSf1El.RT-f'!R.'Si:7T.RRT-�SYY-7Sll7Rft'l�iTAltiI47iTii�lR�llL'tf - • 0 Section 9.9.2 414 (H) 2: value of the heavy work paints will be reported to PERS as special compensation. • Section 15.2. Employment List: Employment lists shall become effective upon the approval thereof by the Human Resources Director. List ...11 be ._.._.:_a by `w Civil Service r,.nunissi regulafb,-, seheduled publ e 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. The name of any person on an employment list may be removed by the City Manager if the eligible person requests in writing that his/her name be removed, or if the employee fails to respond to a written offer of employment within five (5) business days next succeeding receipt of the mailing of the notice, which shall be by regular mail. A candidate who rejects an offer of employment shall be removed from the employment list. • Section 20.6.3: Within ten (10) working days of his/her receipt of the City Manager's decision, an 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 that whether the employee is filing a grievance pursuant to the requirements of Section 21 — Grievance ProcedLne, subsection 21.2.4 — Arbitration.: FOR THE CITY FOR AFSCME LOCAL 829 Y. : C FOR THE CITY FOR AFSCME LOCAL 829 FOR AFSCME LOCAL 2190