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HomeMy WebLinkAboutReso - CC - 053-2005RESOLUTION NO. 53-2005 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 4h of July holiday week. YOR 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 8t' day of July, 2005, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: BAYLOCK, GALLIGAN, NAGEL NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: WMAHONY ITY 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 IIMO. 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 fust 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 L.eadworker 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. f) 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 hisJher 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 Appendix A the Union submit the grievance or disciplinary matter to arbitration. b. within ten (10) days of the grievants 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 Qty - 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.