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
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E an D. Low, Mayor
ATTEST:
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Anne Bybee, City Clerk
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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 Any outstanding proposals not agreed to are hereby withdrawn by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
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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
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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
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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
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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
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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
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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.
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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.
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