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CC Resolution 11075 RESOLUTION NO. 11075 A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS FOR CLASSIFIED NON-MANAGEMENT EMPLOYEES REPRESENTED BY THE EMPLOYEE ORGANIZATION ENUMERATED BELOW 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 for salaries, benefits and working conditions has been approved and executed by the authorized representatives of the Millmen Industrial Carpenters, Local 262 and City Council representatives; and WHEREAS, the City Council of the City of Campbell desires to ratify and adopt the provisions included in the Memorandum of Understanding attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve and ratify the Memorandum of Understanding attached hereto, and made a part hereof. PASSED AND ADOPTED this 1 st day of September 2009, by the following roll call vote: AYES: Councilmembers: Kotowski, Furtado, Baker, Low, Kennedy NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ATTEST: /1 // ~ (k-L /,.. _. Anne Bybee, City Clerk MEMORANDUM OF UNDERSTANDING ON WAGES, EMPLOYEE BENEFITS, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT Millmen and Industrial Carpenters (MIC) PARTIES TO UNDERSTANDING This Memorandum of Understanding is between the authorized representatives of the City Council of the City of Campbell, hereinafter referred to as "City," and the authorized representatives of Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference Board and their Affiliated Local Unions, including Millmen and Industrial Carpenters, Local 262, hereinafter referred to as "MIC." STATE LAW COMPLIANCE This Memorandum of Understanding complies with the provIsions of the State of California Public Employees Representation Law, as contained in Section 3500 of the Government Code of the State in that the employer-employee representatives noted here did meet and confer in good faith and did reach agreement on those matters within the scope of representation. This Memorandum of Understanding also complies with Resolution 1 0016, relating to employer-employee relations, as adopted and amended by the City Council of the City of Campbell. I. GENERAL CONDITIONS A. Personnel Rules and Reoulations This Memorandum of Understanding does not modify or change the provisions of the Personnel Rules and Regulations of the City unless a specific reference is made herein to modify or add to the existing Personnel Rules and Regulations. B. Terms of Understandino This Memorandum of Understanding (MOU) embodies all modifications on salaries, hours, employee benefits, and other terms and conditions of employment, for a 12-month term beginning July 1, 2009 and ending June 30, 2010. Negotiations shall commence, not more than one hundred and eighty (180) days nor less than ninety (90) days prior to the 30th day of June 2009. Written notice shall be given to the other of its desire to change, modify, amend, supplement, renew, or extend this MOU. All notices required to be given to the Union shall be addressed to it at 265 Hegenberger Rd., Ste. 220, Oakland, CA 94621. While this MOU Millmen & Industrial Carpenters Local 262 Memorandum of Understanding July 1,2009 - June 30, 2010 continues in effect, neither party will make demands upon the other party for any changes in conditions or benefits or for any new or additional conditions or benefits except at the time and in the manner provided above. C. Existina Benefits Continued This Memorandum of Understanding does not modify existing salaries, benefits, hours, or terms and conditions of employment contained in the currently adopted Pay and Classification Plan, except as noted herein. Such benefits and terms of employment remain unmodified and shall continue in full force and effect throughout the term of this Memorandum of Understanding. D. Represented Classifications Equipment Maintenance Supervisor Mechanic I Mechanic II Park Maintenance Worker I Park Maintenance Worker II Park Maintenance Lead Worker Lighting & Traffic Signal Assistant Lighting & Traffic Signal Technician Lighting & Traffic Signal Supervisor Street Maintenance Lead Worker Street Maintenance Worker I Street Maintenance Worker II II. COMPENSATION ADJUSTMENTS A. Effective the first pay period containing July 1, 2009, the salaries of all classifications represented by MIC shall be increased by zero percent (0%). B. If during the term of this agreement another city bargaining unit receives a salary enhancement not presently provided for by that bargaining unit's labor agreement, the City agrees to open the MIC labor agreement and meet and confer with MIC over a comparable salary enhancement. III. OTHER PROVISIONS A. Benefit Cost Adiustments JulV 1. 2009 The City will be responsible for the increase to the PERS employer contribution rate on the PERS plan in effect July 1, 2000. The City will provide the current dental coverage, including an annual maximum per patient benefit of $2,000, and orthodontia coverage with a $2,000 per patient lifetime. The City will be responsible for any increase in monthly contribution to provide the current dental plan. 2 Millmen & Industrial Carpenters Local 262 Memorandum of Understanding July 1,2009 - June 30, 2010 The City will be responsible for any increase to the monthly Employee Assistance Program cost. The City will be responsible for any increase in the life insurance monthly cost. The City will be responsible for any increase in the current long term disability plan. The City will be responsible for any increase in the current vision plan. B. Health Insurance Benefit ProQram January 2010 Effective January 2010, the City will provide a maximum of $105.00 per month for health insurance and $1222.00 per month in an additional Section 125 allotment for health and other optional benefits ($1327 per month total). Any unused portion of the City's contribution will be rebated to the employee. C. Tuition Reimbursement City will continue to provide the tuition reimbursement program as specified in Personnel Rules and Regulations Section 18.3.A, with a maximum reimbursement of $2,000 per year. D. Deferred Compensation The City will continue to contribute $20 per pay period to each full time MIC employee's ICMA Deferred Compensation account. The contribution for permanent part time MIC employees will be prorated accordingly. E. Retiree Award ProQram The City will continue the existing Retiree Award Program continuing the following criteria and features: · Minimum retirement age of 50 and retired from the City of Campbell with at least 17 years of service with the City of Campbell. · Bills must be submitted to the City in January and July of each year for reimbursement for the prior six months' costs. · Award will not exceed cost for medical coverage for the retiree only (not dependents) on a reimbursement basis as follows: 3 Millmen & Industrial Carpenters Local 262 Memorandum of Understanding July 1,2009 - June 30, 2010 · The maximum reimbursement is $300 per month. All other provisions of the Retiree Award Program will remain unchanged. F. Uniform Allowance The City will continue to provide a uniform allowance of $750 per year to the following classifications: Park Maintenance Lead Worker Park Maintenance Worker I Park Maintenance Worker II LightingfTraffic Signal Assistant Lighting/Traffic Signal Supervisor Street Maintenance Field Supervisor Street Maintenance Lead Worker Street Maintenance Worker I Street Maintenance Worker II LightingfTraffic Signal Technician The City will continue to provide a uniform allowance of $360 per year for the following classifications: Equipment Maintenance Supervisor Mechanic II Mechanic I Uniform allowance payments will be made once each fiscal year (in July). G. BilinQual Pay MIC represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the Campbell community, will receive an additional $75 per pay period as Bilingual Pay. In order to be eligible for Bilingual Pay, the Department Head must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community. Additionally, the employee must pass a certification test completed by a trained professional. H. Maintenance of Membership Duty of Fair Representation Effective upon execution of this MOU (July 2009), the Union, as the exclusive representative, has the duty to provide fair and non- discriminatory representation to all workers covered by this Memorandum of Understanding, regardless of whether they are members of the Union. 4 Millmen & Industrial Carpenters Local 262 Memorandum of Understanding July 1,2009 - June 30, 2010 Options Available to Workers All workers covered by this MOU shall, within thirty (30) days of the date upon which said worker was formally hired by the City as a bargaining unit worker, as a condition of regular employment either: (1) Become and remain a member of the Union; (2) Pay to the Union, through payroll deduction, an agency fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which shall be less than the monthly dues made during the duration of this Memorandum of Understanding, it being understood that it shall be the sole responsibility of the Union to determine an agency fee which meets the above criteria; or, (3) Present to the Union and the Director of Finance a written declaration that the worker is a member of a bona fide religion, body, or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and pay a sum equal to the agency fee described in (2) above to one of the following: A. The American Cancer Society; B. The American Heart Association; C. The Sickle Cell Anemia Research and Education, Inc. (SCARE); or D. Any charity jointly agreed upon by the City and the Union. Such charities cannot be affiliated in any manner with the Union, nor can such charity be related to an established religious organization. Exceptions Part-time, non-exempt bargaining unit workers shall pay a pro-rated agency fee on the basis of said worker's annual salary as compared with the same annual salary for a comparable full-time worker. If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the deduction of union dues, agency fee or charity fee required in this Article, no such deduction shall be made for the current pay period. Inactivity and Reinstatement The provisions above shall not apply during periods that a worker is separated from the bargaining unit, but shall be reinstated upon the return of the worker to the bargaining unit. For the purpose of this Section, the term "separation" includes transfer out of the bargaining unit, layoff, termination and leave of absence without pay. 5 Millmen & Industrial Carpenters Local 262 Memorandum of Understanding July 1,2009 - June 30, 2010 Compliance Workers may voluntarily sign and deliver to the City a written assignment authorizing deduction of the properly established union dues, agency fee, or charity fee as defined in above, subject to the conditions set forth elsewhere in this Memorandum of Understanding for payroll deductions. Upon voluntary authorization duly completed and executed, the City will deduct from the pay of union members and pay to the Union bi-weekly, the normal and regular monthly union dues, agency fee, or charity fee. In the event that a regular worker who is not exempted from payment under the above language does not voluntarily sign and deliver to the City an authorization to deduct union dues, agency fee, or charity fee, within thirty (30) days of the date on which the worker was formally hired by the City as a bargaining unit worker, the City shall deduct from the pay of the worker and pay to the Union bi-weekly the normal and regular monthly agency fee without the approval of the worker. All transmittal checks to the Union will be accompanied by documentation which includes the worker's name, gross pay, job title, department, hire date, dues or fee deduction amount, and membership status (member, agency fee or charity fee). The City will hand out to new workers payroll deduction authorization forms and membership applications, which the Union will supply to the City. Hold Harmless MIC shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of the application of or implementation of any provision of this section. IV. RETROACTIVITY All proposals will be effective as indicated when agreement is reached. V. RATIFICATION This M.O.U. is subject to ratification by a majority vote of the employee organization represented herein within ten (10) days of execution by MIC and by approval of a majority of the City Council of the City of Campbell within twenty (20) days of the date of execution. 6 Millmen & Industrial Carpenters Local 262 Memorandum of Understanding July 1,2009 - June 30, 2010 7~ EXECUTED THIS / . DAY OF AUGUST 2009 BY THE EMPLOYER. EMPLOYEE REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW FOR THEIR RESPECTIVE ORGANIZATION. CITY REPRESENTATIVES MILLMEN & INDUSTRIAL CARPENTERS, 1 LOCAL 262 ' 7