CC Resolution 11323RESOLUTION NO. 11323
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 Northern
California Carpenters Regional Council 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 6th day of September 2011, by the following roll call vote:
AYES: Councilmembers
NOES: Councilmembers:
ABSENT: Councilmembers:
Waterman, Low, Kotowski, Baker
Cristina
None
APPROVED:
ATTE
Anne Bybee, City Clerk
-~
~-
J son aker, Mayor
TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
The following document contains the Tentative Agreement between the City of Campbell
(hereinafter called "City") and the Northern California Carpenters' Regional Council
("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 and the Union, and will apply to all employees covered by the Memorandum of
Understanding (MOU) between the City and the Union.
Upon ratification and approval, this Agreement will amend the MOU between the parties.
This amended MOU shall supersede all other Memoranda of Understanding and
Agreements between the parties. Any MOU language not amended by this Agreement
will remain unchanged.
The parties agree that any and all Tentative Agreements are hereby incorporated. Any
outstanding proposals not agreed to are hereby withdrawn by the parties.
This Tentative Agreement is subject to ratification by the bargaining unit and adoption by
the City Council.
FOR THE CITY FOR THE UNION
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Page 1 of 11 , ~
TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
TERM: Two year term (July 1, 2011 -June 30, 2013)
FURLOUGHS: Fifty-six (56) hours of furlough in 2011-12 and 2012-13 fiscal years.
Forty eight (48) hours will be taken at the employee's discretion. Eight (8) hours will be
taken during the City Holiday Closure in December 2011 and December 2012.
II. COMPENSATION
A. Salary
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 ~8-1-9~1~2011-12 and 2012-13 fiscal years.
Forty eight hours (48A) will be taken at the employee's discretion.
S~tee}rEight (~8) hours will be taken °n ~h°'~"~••r~•~~-during file
City Hall closure ~: ~'~8~ou~-~~°*-•~`xe~~esc~~~~'-ate
r,.-,^~,~,,,°,. ~n~~ ~n~~.~a~ar^"~'ig.~~in December 2011. and
December 2012. The City agrees that temporary employees will
not be used in the Department of Public Works for more than three
days during the December holiday closure week-~Te~emv ~~'
c. The following terms and conditions apply to the furlough program:
• Furloughs may be taken in a minimum oftwo--one 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
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 Ca1PERS
regulations for the purpose of pension.
Page 2 of 11
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TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
• 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.
• Employees on a unpaid leave of absence or workers' compensation
leave for more than 30 consecutive days will have any remaini~
furlough hours pro-rated prospectively.,
• If furlouC h hours are not taken prior to leaving employment with
the City, management has the authority to require a prorated share
of the furlough hours to be taken.
• New hire employees shall have a prorated. share of furlou h hours.
SALARY: If ratification of the agreement is complete by August 8, 201 1, salary
schedules for all Carpenters' represented classifications will be increased by two percent
(2.0%), effective the pay period containing August 8, 2011. If ratification of the
agreement is not complete by August 8, 2011, the City withdraws the offer of the 2%
increase.
Effective the pay period containing July 1, 2012, salary schedules for all Carpenters'
represented classifications will be increased by two percent (2.0%).
BENEFIT COST ADJUSTMENTS:
July 1, 2011 and July 1, 2012
The City will be responsible for the increase to the PERS employer contribution rate on
the PERS plan in effect July 1, 2011 and July 1, 2012.
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. ~
Page 3 of 11
TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
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.
HEALTH INSURANCE:
The City will provide a maximum of the minimum employer contribution required under
PEMHCA~A8~99 per month for health insurance (2011: $108; 2012: $112; 2013:
$TBD).
CAFETERIA PLAN ALLOWANCE:
The City will provide 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 cafeteria plan allowance contribution will be rebated to the
employee.
TOTAL HEALTH + CAFETERIA PLAN AMOUNTS
Effective upon agreement, the monthly cafeteria plan allowance will be based on level of
coverage, as follows:
Cash back maximum opt cut of City medical coverage: $4~1-91,327 (up to employee
only coverage if any amount in excess of $1,327 is contributing to the flexible spending
account
Employee only coverage: $1,249 (+$108 to C;aIPERS) _ $135? total.)
Employee plus one: $1,249 (+$108 to CaIPERS = $1.357 total
Employee plus family: $1,269-(+$108 to CaIPERS = $1377 total)
Effective January 2012, or upon agreement, whichever is later, the monthly cafeteriaplan
allowance will be based on level of coverage, as follows:
Cash back maximum oft out of City medical coverage: $-~?~~1,327-(up to em 1Lo ee
only covera e if any amount. in excess of $1,327 is contributing to the flexible amending
account
Employee only coverage: $1,29.5 (+$112 to CaIPERS = $1.407 total )
Employee plus one: $_1,295 (+$112 to CaIPERS = $1,407 total)
Employee plus family: X1,315 (+$112 to CaIPERS = $1..427 total)
Effective January 2013, the Citesprovide an additional $50 to the total health /
cafeteria plan contribution. The cash back maximum will remain at $1,327.
Pa e 4 of 11
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TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
SUBSTANCE ABUSE POLICY:
By November 30, 2011, the City will establish a Substance Abuse policy specifying
terms and conditions of reasonable suspicion testing, subject to providing the Union with
the opportunity to meet and confer over the policy.
III. OTHER PROVISIONS
TOOLS
The City and the Union have agreed on the list below of required tools to be provided by
each Mechanic employed by the City. The City will replace or repair required,
mechanic-provided hand. tools and any additional hand tools provided by the mechanic
which are stolen and/ or damaged as a result of negligence caused by someone other than
the Mechanic (tool owner). provided the individual mechanic has supplied his or her
immediate supei-~~isor with. a complete inventory of all additional tools and the supervisor
has approved, in advance and in writing, the use of such tools.. In the event of theft or
damage, the Mechanic will provide his or her supervisor with a written, detailed account
of the incident.
PROBATIONARY PERIOD
2. Probationary Period--Non-management Positions:
The appointing power may, after conferring with the Union establish a longer
probationary period for original and promotional appointments for specific classes. The
Personnel Officer and the probationer shall be notified two weeks prior to the termination
of any probationary period as to whether or not the services of the probationary employee
have been satisfactory. If satisfactory, the employee shall receive a permanent
appointment and if unsatisfactory, the employee shall be rejected unless an extension of
the probationary period (A.3) is requested by management.
REDUCTION IN FORCE:
2. Order of Layoff: When one or more employees in the same classification in a City
department are to be laid off, the order of layoff shall be as follows:
1. 'T'emporary employees in inverse order of seniority.
2. Provisional workers in inverse order of seniority.
?3. Probationary workers in inverse order of seniority.
~4. Permanent workers in inverse order of seniority.
STANDBY PAY:
Page 5 of 11
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TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel:
Standby assignments outside the regular work schedule shall first be made on a rotating,
voluntary basis. In the absence of volunteers, the Public Works Superintendent will
designate standby assignments. During the normal work week, if the need for standby is
known, standby assignments will be made for the period of time from the end of the
employee's normal work day until the employee's normal start time the following day. If
the need for standby assignments is known by the end of the work day on a Friday, such
standby assignments will be made for the following time periods:
^ End of work day Friday to 8:00 a.m. Saturday
^ 8:01 a.m. Saturday to 8:00 a.m. Sunday
^ 8:01 a.m. Sunday to beginning of work day Monday
If the need for standby is expected for part of the weekend, but not the entire weekend,
only that portion needed will be assigned in advance. If an upcoming assigned standby
shift is no longer needed, the employee assigned to that shift will be notified no less than
eight (8) hours in advance. In order to be eligible for standby assignments, employees
must reside, or secure accommodation for the duration of the assignment, at a location
that is no more than thirty (30) minutes travel time from the City's Service Center.
Standby pay shall be compensated at the rate of six (6) hours of straight time for every 24
hours of Standby assignment. Call out of employees on standby assignments shall be
compensated at the regular overtime rate for hours worked in addition to the standby pay.
The City may provide a vehicle to employees on standby assignment. A temporary
employee shall not perform env call back. standby. or overtime work unless such work
has been offered and refused by all probationer permanent employees who may be
available at the time such work is offered. A probationary. car permanent employee shall
be considered unavailable if (1 the employee is on leave of absence, or (?) the employee
fails to answer the phone when contacted by the supervisor.
MEAL ALLOWANCE:
Public Works maintenance, non-management employees covered under this MOU will
receive a meal allowance of $9.00 when required by a supervisor to work a three hour or
longer extension of the normal shift. Employees working such a shift extension shall
schedule their meal breaks in a manner that is least disruptive to the work being
performed during the shift extension, and meal breaks will not exceed fifteen minutes.
Payment will be made through the City payroll system, following the appropriate entry
on the employee's timecard.
Page 6 of 11
C~y~~
TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
RECLASSIFICATION:
The City and Union will meet and confer in the event of a reclassification resulting in a
pay reduction.
NOTIFICATION OF ADDRESS:
Employees shall notify the Personnel Officer of any change of address or telephone
number within fifteen working days.
NEW POSITIONS:
When a new position is created, before it may be filled, the appointing authority shall
notify the Personnel Officer and, except as otherwise provided by ordinance or these
rules, no person shall be appointed or employed to fill any such position until the
classification plan shall have been amended to provide therefore and an appropriate
employment list established for such position. The Personnel Officer shall notify the
Union of any such newly created position prior to the employment of any individual into
those positions.
EMPLOYEE RIGHTS:
The City recognizes the right of City employees to choose and partake in activities of
employee organizations for representation in employer-employee relations as provided
for in Government Code Section 3500 and the City's Employer-Employee Relations
Resolution No. 6647.
EVALUATION OF EMPLOYEE PERFORMANCE: If an evaluation is delayed, and
the employees meets standards required for a merit increase, it is granted retroactive to
the employee's anniversary date.
MERIT SALARY INCREASES:
A perforniance evaluation must accompanyany and all merit salary increases. Merit
salary increases provide for advancement through the steps of a salary range, based on
satisfactory job performance, ~* ~^~~^~f^~ *~m^ ~"*^~-~^~,~n an annual basis, or as required
t~~r probationar.~plo~~ees. Such increases shall not be automatic, but shall depend upon
increased service value of an employee to the City as exemplified by recommendations of
his supervising official, length of service, performance record, special training
undertaken, or other pertinent evidence, within the advancement policy established by the
pay plan. Employees hired or placed at the "A" step following transfer, promotion,
demotion, reclassification or for any other reason shall be eligible for a merit salary
increase on qualifying for permanent status or after six months of satisfactory service,
whichever comes first. Employees hired or placed above the "A" step shall not be
Page7of11
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TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
eligible for a merit salary increase until one year from such initial action whether by hire,
transfer, promotion, demotion, reclassification or other reason.
OFFICIAL PERSONNEL FILES:
The only official personnel files of the City will be those maintained by the Personnel
Officer. Any other files shall have no official status. An employee covered under the
MOt1, or their representative upon. presentation of written authorization from the
employee, shall have access to the employee's official personnel file.
An employee shall be informed of any perfor-~nance-related document placed into the
employee's formal. personnel file prior to such. placement.
The City shall furnish the emplo e~copies of all letters of discipline within ten (10)
working days prior to placement of such documents into the employee's official
personnel file. T'he emp ogee shall. have ten (10) working days to respond to a letter of
written reprimand and any written response provided. by the employee shall be attached.
to the letter of reprimand. placed. in the official personnel file.
USE OF BULLETIN BOARDS:
The Union may use portions of City bulletin boards under the following conditions:
A. All material must be dated and identify the publishing organization.
B. If an employee organization desires to install a bulletin board, the City reserves
the right to determine where such bulletin board shall be placed.
C. If the Union does not abide by these conditions, it will forfeit its rights to have
materials posted on City bulletin boards.
RECOGNITION AND REPRESENTED CLASSIFICATIONS:
The City recognizes and expressly acknowledges the Union as the exclusive
representative for employees covered by this Memorandum of Understanding, to include
part time and full time probationary anal permanent employees.
REDUCTION IN FORCE:
7. Reemployment: The names of employees laid off in accordance with
provisions of this section shall be placed on a reemployment list if their
services have been satisfactory. Names shall be placed on a classifications
reemployment list in order of seniority. In the event that a person on
layoff declines reemployment to a vacant position or cannot be contacted
Page 8 of 11 ~~
TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
through telephone and certified mail within fifteen (15) working days,
such persons' names shall be removed from the reemployment list. A
reemployment list will remain in effect for two (2) years unless
specifically extended, or sooner exhausted. Upon reinstatement an
employee will be eligible for all benefits acquired by the employee prior to
the layoff, including prior sick leave accruals (providing the employee did
not receive cash payment in lieu of same), vacation accrual rate and
seniority._LJ_pon reemployment from. the reemployment list to the same job
class from which the employee was laid off, the employee will be
reinstated at the same salary step held. prior to la oy f f. An employee shall
not receive credit for time spent on layoff in computing time for any
benefit entitlement.
VACATION SCHEDULING:
Employees will be permitted to schedule accrued vacation time no more than six (6)
months in advance. All scheduling conflicts within the bargaining unit will be settled by
a coin toss.
OVERTIME:
Overtime shall be defined as that time authorized and actually worked by an
employee in excess of normal weekly hours as prescribed in 16.19 of Personnel
Rules and Regulations. Except in emergency situations as authorized by the City
Council, management employees are not eligible for overtime benefits. Classified
non-management employees shall be compensated for overtime according to the
following rules and regulations.
At the discretion of the department head, overtime will be compensated by time
and one-half pay or time and one-half compensatory time under the following
conditions:
1. Overtime work is ordered or authorized by the eligible employee's
department head.
2. Eligible classified non-management employees who are called back to
work by their immediate supervisor shall be granted the following minimum paid
overtime or compensatory time.
Public Works non-management maintenance personnel: 3 hours paid @ time and
one-half OR 4-1/2 hours compensatory time. In addition, if the non-management
Public Works maintenance employee is contacted by his/her supervisor prior to
the beginning of his/her normal work day and the non-management Public Works
Page 9 of 11
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TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
maintenance employee is not on the City Service Center premises, the call back
provision will apply.
Other miscellaneous non-management personnel: 3 hours paid @ time and one-
half OR 4-1/2 hours compensatory time.
3. Eligible non-management employees who are required to attend scheduled
training sessions, staff meetings, or seminars which require time beyond the
normal day or week, as defined in ? ~ ' ° ^~ n „~ ~,, ,,,,,a n o,<„~ „+; ^N,,this MOiJ, shall
be compensated with time off or pay in accordance section G of this MOU.
~t,~ i ~ ~~/t ~ ~~ ^~ Q„tom ~,,,a po,<„i.,+;,,.,~
j~iuru~^ruYi1J 1 V... LT 1V.LJ V1 S ,
4. Overtime pay shall not begin until the eligible employee has worked the
hours required fgr his basic workweek, as set forth in 16.19 of the Rules and
Regulations. All authorized paid leave time taken shall be credited as part of the
basic workweek except that hours not worked, at the employee's option, where
those hours are charged to compensatory time off, during the employee's 40-hour
workweek and extra hours worked during that same period, totaling 40 hours, will
be considered to be flexible scheduling within that workweek, and no
compensatory time will be granted.
H. Compensatory Time
At the discretion of the department head, compensatory time shall be granted-te
a~;,<;~,~a „~.,,,~,;r;o,a „ ^„+ ~ ~r„<,~o,. Such compensatory time is to be
b ...
on a time and one-half basis except as provided for in Section 17.0 of the Rules
and Regulations, and will be governed by the following provisions.
1. Compensatory time earned by an employee who is required to work in excess
of the normal workweek shall be recorded in actual hours worked on the
employee's timecard and submitted to the Finance Department.
2. The maximum accumulation of compensatory time is as follows:
a.) For employees represented by the Union, compensatory time shall not be
allowed to accumulate in excess of x-75 hours.
b.) Employees represented by the Union shall not be allowed to accumulate in
excess of hours as stated above. Any compensation time earned exceeding
maximum accrual hours will be paid in cash at the rate of time and one-half. An
employee may exercise his/her option two times each calendar year to convert any
or all accumulated compensatory time to cash.
'I
Page 10 of 11
TENTATIVE AGREEMENT
BETWEEN CITY OF CAMPBELL AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
August 4, 2011
3. Use of compensatory time must be scheduled at least 24 hours in advance with
the employee's supervisor and recorded on the employee's timecard for
submission to the Finance Department.
4. If possible, arrangements will be made to allow employees to use accrued
compensatory time prior to termination. Otherwise, accrued comp time shall be
paid off upon termination in accordance with section 553.21 of the Fair Labor
Standards Act.
Page 11 of 11