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CC Resolution 11235RESOLUTION NO. 11235 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 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 attached Tentative Agreement and authorizes the Human Resources Manager to sign the Memorandum of Understanding. PASSED AND ADOPTED this 16th day of November 2010, by the following roll call vote: AYES: Councilmembers: Kotowski, Kennedy, Furtado, Baker, Low NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: -7 --' ~,.!' L^~ `~ ~.. „~-.."..r i" E an D. Low, Mayor ATTEST: ,~, ~' G~ i ~.. Anne Bybee, City Clerk EI~:T~.TI~f~ ~-~r?E=IV~h- BcT~=E~ CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION November 3, 2010 The following document contains the Tentative Agreement between the City of Campbell and the Millmen and Industrial Carpenters Union (hereinafter collectively called "the parties") on wages, hours and terms and conditions of employment. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of Campbell (hereinafter called "City") and Millmen and Industrial Carpenters Union (hereinafter called "Union") and will apply to all employees covered by the Memorandum of Understanding (MOU) between the City and the Union. The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties. FOR THE CITY ,; r U Date: ~~ " -~ r ~ ~ FQB~H-E .,UNION ~,: << ~ ~. . L off L ~L v.._--- r ~ z Date: ` r~ ~~==~~`'1 `, Approved: Ratified: Date: Date: ~ f ~ ~. /~~ ~ ~ ~ ~~/ ~ ` ~ 1. ~ "'°` L ~~ ,~ _, ~~ ' ~ ,f ~%- _. i ,~ _ ~ - A ,~ .. < L ~---- ' r fir, ! ~+ RI d ~_.. .~~ ~ ~ ~ ~ _ Tr=h ~ ~, i 1~6c tiGrtEEllfiEl~ ; 3cTVJcE~~ CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION TERM: One Year (July 1, 2010 -June 30, 2011) SALARY: No salary increase FURLOUGH: Fifty six (56) hours of furlough will be taken during the 2010/11 fiscal year. Fort 40) hours will be taken at the employee's discretion. Sixteen hours will be taken on the following City Hall closure days: eight (8) hours between December 27th and December 30t 2'.010, and March 18, 2011. The City agrees that temporary employees will not be used in Department of Public Works on the March 18, 2011 City Hall closure day due to work furlough. CAFETERIA PLAN: Effective January 2011, the City will provide a maximum of $108.00 per month for health insurance paid to CaIPERS, and $~:BA the following amounts per month for a Cafeteria Plan Allowance in an additional Section 125 allotment for health and other optional benefits. Cash back for opting out of City medical coverage: $1,219 (+ $108 = $1327 total) Employee only coverage: $1,249 (+ $108 to CaIPERS = $1,357 total) Employee plus one: $1,249 (+ $108 to CaIPERS = $1,357 total) Employee plus family: $1,269 (+ $108 to CaIPERS = $1,377 total) SECOND TIER PENSION: Effective upon amendment to the CaIPERS contract, but no later than April 1, 2011, new full-time employees hired will be eligible for the 2% @ 60 pension formula, calculated on the average of the three highest years, and will pay the full employee contribution required by CaIPERS. Miscellaneous employees hired before amendment to contract will maintain the 2.5% at 55 retirement benefit. POLICIES: Agreement to meet and confer over changes to Personnel Rules as required by law during the term of the agreement. The following, existing personnel policies will be added to the MOU: • Overtime/ Comp Time Off: See Sections 16.22 and 16.23 • On-Call Duty Compensation: See Section 17.19 • Out of Classification Pay: See Section 17.17 • Call-Back Compensation: See Section 16.22 • Probationary Period: See Sections 9.1 - 9.5 • Layoff: See Section 13.3 • Grievance Procedure: See Section 20.0 - 20.4 • Vacation: See Section 16.1 - 16.5 • Holidays: See Section 16.21 POLICY REVIEW: The City and the Union agree to form a Labor Management 1 CI'~ 1~ T i~IG lavRCCMCI~ t IBC ~ VVCCIt CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION Committee to meet and confer over cost-neutral changes to City Personnel Rules to be proposed by the Union, and to discuss inclusion of the policies in the MOU. The parties will meet monthly between December 2010 and March 2011, unless mutually agreed otherwise. TOOLS: The City and the Union will agree on a list of required tools to be provided by each Mechanic employed by the City. The City will replace or repair required, mechanic-provided tools which are stolen and damaged as a result of negli eq nce caused by someone other than the Mechanic (tool owner). In the event of theft or damage, the Mechanic will provide his or her supervisor with a written, detailed account of the incident. MOU CHANGES AND CLEAN UP: Language changes as follows: 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 46 Northern California Counties Conference Board and their Affiliated Local Unions, including Millmen and Industrial Carpenters Union, hereinafter referred to as "Union." The City and Union have met and conferred in good faith regarding wages, hours and other terms and conditions of employment, have freely exchanged information, opinions and proposals, and have reached agreement on all matters relating to the employment conditions and employer-employee relations of bargaining unit employees. STATE LAW COMPLIANCE This Memorandum of Understanding is entered into pursuant to the provisions of the Meyers Milias Brown Act, as contained in Section 3500 et seq. 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 10016, relating to employer-employee relations, as adopted and amended by the City Council of the City of Campbell. GENERAL CONDITIONS A. Personnel Rules and Regulations This Memorandum of Understanding does not modify or change the provisions of the Personnel Rules and Regulations of the City T~I~T~-TIVC /~OrRcCMcI~- ~ B~TViICCI~ CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION B C D unless a specific reference is made herein to modify or add to the existing Personnel Rules and Regulations. The parties agree to meet and confer over changes to the Personnel Rules affecting terms and conditions of employment as required under the Myers Milias Brown Act during the term of this Agreement. Term of Understanding Negotiations shall commence, not more than one hundred and eighty (180) days not less than ninety (90) days prior to the 30th day of June 2010. 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 an address designated by the Union. While this MOU 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. Existing 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. Recognition and Represented Classifications The City recognizes and expressly acknowledges the Union as the exclusive representative for employees covered by this Memorandum of Understanding. The job classifications represented and recognized under this MOU are as follows: 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 Street Maintenance Field Supervisor 4 TENT; - I\fc p-GRCr`Mcl~ t BcTVVEEI~ CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION E. City Rights It is understood and agreed that the City retains all of its powers and authority to direct, manage, and control operations to the full extent of the law. The exercise of the foregoing powers, rights, authority, duties, and responsibilities of the City; the adoption of policies, rules, regulations, and practices in furtherance thereof; and the use of judgment and discretion in connection therewith, will be limited only by the terms of this Agreement, to the extent such specific and express terms are in conformance with law. II. COMPENSATION A. Salary 1. Effective the first pay period containing July 1, 2010, the salaries of all classifications represented by the Union shall be increased by zero percent (0%). 2. Furlough: a. "Work furlough" refers to one or more hours of required unpaid leave taken on a consecutive or intermittent basis. b. All Union employees will be required to take fifty six (56) hours of furlough during the 2010/11 fiscal year. F°rty hours will be taken at the employee's discretion. Sixteen (16) hours will be taken on the following City Hall closure days: eight (8) hours between December 27t and December 30tH, 2010, and March 18, 2011. The City agrees that temporary employees will not be used in the Department of Public Works for more than three days the week of December 27tH - December 30t", or on March 18, 2011. c. The following terms and conditions apply to the furlough program: Furloughs may be taken in a minimum of two hour increments, with prior supervisor approval. • Employees may not use paid accrued leave during furlough time. • Furlough time will be considered time in paid status for the following: 1) Accrual of paid leave TcNT~-TNi= AGREEMENT B=TWcch CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION 2) Seniority 3) Time in service for step increases 4) Completion of probation 5) Eligibility for holidays, and 6) Eligibility for health and welfare benefits. • Furlough time will be addressed in accordance with CaIPERS regulations for the purpose of pension. • Furlough time will count as hours worked for the purpose of calculating overtime. • No employee may perform work for the City during furlough time off unless authorized by management. • The period of furlough time off will be unpaid. Furlough time off will be tracked under a separate unpaid hours code. B. Benefit Cost Adjustments July 1, 2010 The City will be responsible for the increase to the PERS employer contribution rate on the PERS plan in effect July 1, 2010. 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. 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 and Welfare Benefits 6 TEI~i!-~TIVc AGREEMENT BETWEEN CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION 1. Health Insurance Benefit Program Effective January 2011, the City will provide a maximum of $108.00 per month for health insurance and plus an amount per month for a Cafeteria Plan Allowance in an additional Section 125 allotment for health and other optional benefits. Any unused portion of the City's contribution will be rebated to the employee. The City will continue to contract with the California Public Employees Retirement System (CaIPERS) for the purpose of providing employees with medical insurance benefits. The City's maximum monthly contribution for each eligible active employee 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). 2. Cafeteria Plan Allowance The City will maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing employees with access to various health and welfare benefits. Benefits available through the Cafeteria Plan include, but are not limited to, medical insurance, 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. The City agrees to provide a Cafeteria Plan Allowance to all employees eligible to participate in City- sponsored health benefits under Section B(1) of this Article. Any tax consequences resulting from City contributions to the Cafeteria Plan are the sole responsibility of the employee. The City will provide, on a monthly basis, a Cafeteria Plan Allowance in the following monthly amount in an additional Section 125 allotment for health and other optional benefits. Cash back for opting out of City medical coverage: $1,219 Employee only coverage: $1,249 Employee plus one: $1,249 Employee plus family: $1,269 Any unused portion of the City's contribution will be rebated to the employee. TENTATIVE /AGREEMENT BETWEEN CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION Any increase to minimum monthly employer contribution under PEMHCA will result in a corresponding decrease in the employee's Cafeteria Plan Allowance. D. 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. E. Deferred Compensation The City will continue to contribute $20 per pay period to each full time employee's ICMA Deferred Compensation account. The contribution for permanent part time MIC employees will be prorated accordingly. F. Retiree Award Program 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: o The maximum reimbursement is $300 per month. All other provisions of the Retiree Award Program will remain unchanged. G. 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 Lighting/Traffic Signal Assistant Lighting/Traffic Signal Supervisor Street Maintenance Lead Worker Street Maintenance Worker I Street Maintenance Worker II Lighting/Traffic Signal Technician Street Maintenance Field Spvsr 8 TENTATIVE AGREEMENT BETWEEN CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION 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). H. Bilingual Pay Represented employees who are certified to have a working level of competence in languages other than English, and are required to regularly converse with members of the Campbell community in a language other than English, 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. Agency Shop Agreement 1. Duty of Fair Representation Effective upon execution of this MOU (July 2010), 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. 2. Options Available to Workers Effective June 1, 2010, 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 9 TENTATIVE AGREEMENT BETWEEN CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION 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, permanent, non-exempt bargaining unit workers shall pay apro-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. 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 10 TENTATIVE AGREEMENT BETWEEN CITY OF CAMPBELL AND MILLMEN AND INDUSTRIAL CARPENTERS UNION 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 The Union will 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. III. RETROACTIVITY All proposals will be effective as indicated when agreement is reached. VI. RATIFICATION This M.O.U. is subject to ratification by a majority vote of the employee organization ror~rocon+orl horoin ~ui~hin 40., /1 fl\ rlwc of ovcn~ i4inn by Oho ~J-r~--isr~ and by approval of a majority of the City Council of the City of Campbell. ~•,~+-,;., fi.,o.,+„ /`J (1\ r-~wc of Oho ,-1 ~+v of ovon~ ~+i~n STEWARDS The Union agrees to notify the City of the identity of its Stewards. One Steward will be designated in each department or separate physical work location. An employee and union steward may take official City time without loss of compensation in order to participate in the investigation and processing of a grievance. Total employee time in the bargaining unit spent on the investigation and processing of a grievance will not exceed five (5) hours per week, and no individual employee will spend more than two (2) hours per week of City time on the investigation and processing of a grievance. The Union will provide a monthly reporting to the Director of Human Resources of all names and time used by week by employee representatives during work hours. 11 TENTATIVE AGREEMENT BETWEEN CITY OF CAMPBELL AND MILLMEN qND INDUSTRIAL CARPENTERS UNION LABOR MANAGEMENT COOPERATION COMMITTEE Upon ratification of the MOU, a joint Labor-Management Committee will be formed, consisting of an equal number of representatives, with no more than three (3) representatives each from the Union and the City. This committee's focus and purpose will be to promote harmonious Labor-Management relations through on-going communications and to advance the proficiency and effectiveness of both the workforce and the City organization. The committee will meet as needed, not to exceed four times per year. PEACEFUL PERFORMANCE CLAUSE During the term of this Agreement, the Union, despite any sanctions or instructions by their international association or central council, agrees that it will not engage in, encourage or approve any strike, slowdown or other work stoppage growing out of any dispute relating to the terms of this Agreement. The Union will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing that all matters of controversy within the scope of this Agreement shall be settled by established grievance procedures. The Union consents to, and waives any defenses against, any injunctive action by the City to restrain any violation of this section. FULL UNDERSTANDING, MODIFICATION, WAIVER The waiver of any breach, term or condition of this Memorandum of Understanding by either party will not constitute a precedent in the future enforcement of all its terms and provisions. SEPARABILITY If any provisions of this Memorandum of Understanding are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. 12