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.
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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:
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•
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