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:
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(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.
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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:
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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.
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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.
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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.
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Millmen & Industrial Carpenters Local 262
Memorandum of Understanding
July 1,2009 - June 30, 2010
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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 '
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