CC Resolution 12778RESOLUTION NO. 12778
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE
COMPENSATION AND WORKING CONDITIONS FOR CLASSIFIED AND NON -MANAGEMENT
EMPLOYEES REPRESENTED BY CARPENTERS UNION, LOCAL 405
WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code requires the City
Manager to prepare and submit an annual salary plan to the City Council for its approval; and
WHEREAS, A Memorandum of Understanding ("MOU") for salaries, benefits and working conditions
was approved and executed by the authorized representatives of the City and the Carpenters Union,
Local 405 ("Union"); and
WHEREAS, the City and the Union commenced negotiations for a successor MOU on April 15, 2021;
and
WHEREAS, on August 9, 2021, the City declared and notified the Union that the parties' negotiations
had reached impasse as defined by City Resolution 6647; and
WHEREAS, on August 20, 2021, the parties conducted an impasse meeting in accordance with
City Resolution 6647 but did not resolve the impasse issues; and
WHEREAS, as of September 10, 2021, all applicable mediation and factfinding procedures
pertaining to the parties' impasse had been exhausted and/or waived by the parties; and
WHEREAS, on September 16, 2021, the City issued to the Union the City's last, best and final
offer, a copy of which is attached to this Resolution as Attachment A; and
WHEREAS, on October 5, 2021, the Union responded to the City's last, best and final offer with
proposed terms and conditions that substantially exceed the City's offer; and
WHEREAS, the City Council is authorized under California Government Code section 3505.7 to
implement the provisions of the City's last, best and final offer.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Campbell does hereby
approve and implement the provisions of the City's Last, Best and Final Offer, set forth in Attachment
A, attached hereto and made a part hereof.
PASSED AND ADOPTED this 20TH day of October, 2021, by the following roll call vote.
AYES:
Councilmembers
NOES:
Councilmembers
ABSENT:
Councilmembers
ATTEST: ,
5 (-Q -j--D e�
Dusty Christopherson, City Clerk
Bybee, Landry, Resnikoff, Gibbons
Lopez
None
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OVED:
li beth "Liz" Gi ons, Mayor
ATTACHMENT A TO CITY COUNCIL RESOLUTION NO. 12778
City of Campbell and Carpenters Union, Local 405 — 2021 Labor
Negotiations -
City's Last, Best and Final Offer:
1. Salary: 3% salary increase effective the first pay period following
Council adoption of the terms of this last, best and final offer.
2. Health and Welfare Benefits: Revise the parties' MOU, Article IV —
Compensation, Section D. Health and Welfare Benefits, as follows:
Health and Welfare Benefit Program
Medical Insurance Benefit:
The City's maximum monthly contribution for each eligible
bargaining unit member for the purchase of medical insurance will
be equal to the minimum monthly employer contribution required
under the Public Employees Medical and Hospital Care Act
(PEMHCA). The City's contribution will come out of the amount the
City currently contributes to employees as part of the Cafeteria
Plan Allowance, provided below. The cost of the City's
participation in CalPERS will not require the City to expend
additional funds toward health insurance beyond what is already
provided through the Cafeteria Plan Allowance. Any cost increase
to the minimum monthly employer contribution required under
PEMCHA will be borne by employees.
1. Cafeteria Plan Allowance
Bargaining unit members electing medical coverage in the
City's plans will receive a health flex allowance and shall
purchase such coverage through the City's Cafeteria Plan.
Effective January 1, 2022, the monthly Cafeteria Plan
Allowance will be based on selected level of coverage, as
follows:
Employee Only Coverage: $879
Employee Plus One Coverage: $1,757
Employee Plus Family: $2,285
Employees who elect a medical insurance plan with a lower
monthly premium than the amount of the City's medical
contribution may apply their unused contribution amount
toward other benefit options that are available under the
Cafeteria Plan, such as flexible spending accounts for out-of-
pocket medical expenses and dependent care, accident
insurance, cancer insurance, heart and stroke insurance, long
term care insurance, and life insurance benefits.
Employees who do not spend all their Cafeteria Plan
Allowance on Cafeteria Plan benefits will not receive any cash
benefit.
Employees who elect Cafeteria Plan benefit options that
exceed the City's monthly Cafeteria Plan Allowance will be
responsible for paying the overage through salary
redirections.
2. Conditional Opt -Out
Employees who at initial enrollment or during the annual
open enrollment period, complete an affidavit and provide
proof of other minimum essential coverage for themselves
and their qualified dependents (tax family) that is not
qualified health plan coverage under an
exchange/marketplace or an individual plan, will be allowed
to waive medical coverage for themselves and their qualified
dependents (tax family). The monthly conditional opt -out
incentive is: $750.
The conditional opt -out incentive shall be paid in cash
(taxable income) to the employee. The employee must notify
the City within 30 days of the loss of other minimum essential
coverage. The conditional opt -out payment shall no longer
be payable, if the employee and family members cease to be
enrolled in other minimum essential coverage.
3. Overtime: Revise the parties' MOU, Article IV, Section N. as follows:
"5.[new] In addition to the requirements of Article N., overtime for
bargaining unit members will be paid in accordance with all
applicable requirements of the Federal law, known as the Fair Labor
Standards Act ("FLSA").
4. Temporary Employees: The City will provide to the Union 30 days
advance notice prior to utilizing temporary employees in the
manner authorized by the parties' MOU.
5. Uniform Allowance: The annual uniform allowance for the
bargaining unit is increased by the amount of $50.00.
Except as modified by the express provisions of the City's last, best and
final offer herein, all existing terms and conditions of employment
provided by the parties' MOU will remain in effect unless and until
changed by a successor bargaining agreement or through the statutorily
required impasse process.