CC Resolution 7981
RESOLUTION N0. 7951
A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS
FOR CLASSIFIED NON-MANA~*~*m' EMPLOYEES
REPRESENTED BY THE EMPLOYEE ORGANIZATION ENUMERATED BELOW
WHEREAS, a Memorandum of Understanding for salaries, benefits and
working conditions has been approved and executed by the authorized
representatives of the Millmen and Industrial Carpenters Local 262 and
City Council representatives; and
WHEREAS, the City Council has ratified and adopted the provisions of
the Memorandum of Understanding, and
WHEREAS the representatives of the Millmen and Industrial Carpenters
Local 262 and representatives of the City Council of the City of Campbell
desire to adopt the provisions included in the Addendum to the Memorandum
of Understanding, attached.
NOW THEREFORE, BE IT RESOLVED that the City Council does approve and
ratify the Addendum to Memorandum of Understanding attached hereto and
made a part hereof.
PASSED AND ADOPTED this 7th day of August 1990, by the
following roll call vote:
AYES Councilmembers: Watson, Conant, Burr, Ashworth
NOES Councilmembers: None
ABSENT: Councilmembers: xotowski
APPROVED:
~~sf r z ,x~`1
ohn J. Ashworth, Mayor
ATTEST:
Olsasky, City
MEMORANDUM OF
ON
WAGE, EMPLOYEE BENEFITS, HOURS AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT
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
"First Party," and the authorized representatives of the MILLMEN AND
INDUSTRIAL CARPENTERS LOCAL 262, hereinafter referred to as "Second
Party."
STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provisions of the State
of California Public Employee 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 6647,
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 unless
a specific reference is made herein to modify or add to the existing
Personnel Rules and Regulations.
B. Terms of Understanding
This Memorandum of Understanding embodies all modifications on
salaries, hours, employee benefits, and other terms and conditions of
employment, for a 36-month term beginning July 1, 1990, continuing
through June 30, 1993, at which time the Memorandum of Understanding
terminates.
C. 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.
MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262
Page Two
I. COMPENSATION ADJUSTMENTS
A. July 1990
Effective the first day of the first pay period of July 1990,
the salaries of all classifications represented by the Second
Party shall be increased five and one-half percent (5.5~).
B. July 1991
Effective the first pay period of July, 1991, salaries of all
classifications represented by the Second Party shall be
increased by an amount equal to one hundred percent (100+b) of
the increase in the San Francisco/Oakland/San Jose Urban Wage
Earner and Clerical Worker Consumer Price Index for the one year
period from May 1, 1990 through April 30, 1991, with a maximum
salary increase of seven percent (7~) and a minimwT increase of
four percent (4~).
C. July 1992
Effective the first pay period of July, 1992, salazies of all
classifications represented by the Second Party shall be
increased by an amount equal to one hundred percent (100) of
the increase in the San Francisco/Oakland/San Jose Urban Wage
Earner and Clerical Worker Consumer Price Index for the one year
period from May 1, 1991 through April 30, 1992, with a maximum
salary increase of seven percent (7$) and a minimum increase of
four percent (4$).
Represented Classifications
Park Maintenance Supervisor
Park Maintenance Lead Worker
Maintenance Lead Worker
Maintenance Worker II
Park Maintenance Worker II
Sweeper Operator
Maintenance Worker I
Park Maintenance Worker I
Park Security Aide
Equipment Maintenance Supervisor
Mechanic 22
MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262
Page Three
ZI. OTHER PROVISIONS
A. Benefit Cost Increases
July 1990: The First Party will be responsible for any increase
to the PERS employer contribution rate. The First Party will
contribute $45.00 per month to cover the rate increases for
dental and health insurance. This additional contribution will
increase the First Party's contribution for health insurance
from $285.50 per month to $325.15 per month.
July 1991: The First Party will be responsible for increases in
the PERS employer contribution rate, dental, life, EAP and LTD
insurance programs. The First Party will contribute $30.00 per
month to cover health insurance rate increases, bringing the
First Party's contribution for health insurance to $355.15 per
month.
July 1992: The First Party will be responsible for increases in
the PERS employer contribution rate, dental, life, EAP and LTD
insurance programs. The First Party will contribute $30.00 per
month to cover health insurance rate increases, bringing the
First Party's contribution for health insurance to $385.15.
B. Lifeguard Prescription Druq Coverage
The City will offer Lifeguard prescription drug coverage to be
funded by the employee through the health allocation. Should
this benefit not be accepted by all represented groups, the
coverage will not be made available; however, the health
allocation as proposed will remain unchanged.
C. Tuition Reimbursement
The current $500 per fiscal year tuition reimbursement maximum
will be increased to $525 effective July 1990, to $550 effective
July 1991, and to $575 effective July 1992.
D. Vision Plan
A voluntary vision plan will be offered, to be purchased on an
individual basis and paid far by payroll deduction. Should
initial enrollment not meet the minimum requirement of 15
enrollees, the program will not be offered.
MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262
Page Four
E. Retiree Medical Program
Effective July 1990, the City will implement a City funded
retiree medical program with the following components:
- 25 years of service with the City of Campbell required to
receive benefit
- Minimum retirement age of 50 and retired from City of Campbell
- Future retirees and prior retirees which meet specified
criteria will be eligible to receive benefits
- Payment for medical coverage for retiree only (not dependents)
on a reimbursement basis, to a maximum of $75 per month
- Employees who become Medicaze eligible will no longer be
eligible for benefits
- Bills must be submitted to the City in January and July of
each year beginning January 1991 for reimbursement for the
prior 6 months costs
r^. Tool/Shoe Allowance - Mechanic Personnel Only
Effective July 1990, a per fiscal year allowance of $250 will be
provided to Mechanic I, Mechanic II, and Equipment Maintenance
Supervisor for each year of this Memorandum of Understanding.
This allowance will be available on a reimbursement basis, with
submission of receipts required prior to payment.
G. Uniform Allowance
Effective July 1990, the uniform allowance for all street and
park maintenance employees and the Sweeper Operator will be
increased to $345 per fiscal yeaz; to $375 in July 1991; and to
$405 in July 1992.
Effective July 1990, the uniform allowance for the Park Security
Aide will be increased to $385 per fiscal year; to $415 in July
1991; and to $445 in July 1992.
Effective July 1990, the City will rent and launder shirts and
pants for the Mechanic I, Mechanic II, and Equipment Maintenance
Supervisor. The current uniform allowance will be discontinued
for these positions.
H. Alternate/Flexible Staffing
The 1990-92 fiscal budget includes a recommendation for creation
of an alternate/flexible staffing program for Maintenance
Workers I and II, and Park Maintenance Workers I and II.
Components of this program will include:
1. Flexible assignment between the Streets and Parks sections.
MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262
Page Five
H. Alternate/Flexible Staffing - Continued
2. Transition to the Maintenance worker II level based upon
qualifications, certification and performance, to be
determined by the Public Works Superintendent in
conjunction with the Public Works Director.
3. Revision of job specifications to reflect appropriate
minimum requirements and development of certification
procedures.
A committee composed of representatives of Management and the
Millmen and Industrial Carpenters Local No. 262 will be formed
to investigate and develop this concept for possible
implementation prior to March 1, 1991.
I. Break Time Studv Committee
A committee will be formed in January 1991 to investigate
alternative ways for field crews to take breaks during working
hours. This cocr¢nittee will be composed of representatives of
departmental management and representatives of the Millmen and
Industrial Carpenters with completion of this study anticipated
by July 1, 1991.
J. Maintenance of Membership Provision
Effective upon execution of this MOU (July 1990) and except as
otherwise provided herein, each employee who is a member in good
standing of the Union shall thereafter, as a condition of
employment, maintain such membership for the duration of the
Agreement except as otherwise provided herein, to the extent of
pacing the periodic dues uniformly required by the Union as a
condition of retaining membership.
Any employee who, upon execution of this MOU, is not a member of
the Union or any person who becomes an employee after execution,
shall not be required to become a member as a condition of
employment. Any such employee who thereafter becomes a member
of the Union shall thereafter maintain such membership for the
duration of the Agreement except as otherwise provided herein.
Any employee who, upon execution of this MOU, was a member of
the Union and any employee who subsequently becomes a member
may, during the period beginning June 1, 1993 through and
including June 30, 1993, resign such membership and thereafter
shall not be required to join as a condition of employment.
Resignations shall be submitted on the prescribed form provided
by the Personnel Office.
The Union 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.
MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262
Page Six
III. MODIFICATIONS TO PERSONNEL RULES
The following sections of the Personnel Rules and Regulations will be
modified as follows:
1. Section 12.6 Pre-Disciplinary Hearing Procedures:
Second paragraph to be changed to read "For the purposes of
paragraph 12.6, "disciplinary action" shall be defined as salary
step reduction, suspension, demotion or dismissal."
Modifications to this section do not modify the employee's right
to appeal of disciplinary measures as provided in Section 20 of
the Personnel Rules and Regulations.
2. ADD Section 12.8 Just Cause For Discipline as follows:
"The following list of causes are provided as a guideline for
supervisors, department heads and employees as to what may
constitute the proper basis for disciplinary action. Just cause
for discipline may include but not be limited to the following:
A. Absence from duty without approval including: abandonment
of position; abuse of sick leave; neglect of duty; failure
to keep required work hours.
B. Failure to adhere to or comply with approved operational or
safety guidelines including: unauthorized use of time,
equipment or material; unauthorized use of City property,
funds, records.
C. Being under the influence of any drug, narcotic or
alcoholic beverage during working hours.
D. Acts which in the determination of the City Manager reflect
negatively on the operation of the City including:
dishonesty; insubordination; fraud, misrepresentation,
false information in securing appointment or promotion; any
form of intentional harassment.
E. Intentional abusive treatment of a citizen, supervisor, or
fellow employee.
F. Conviction of a serious criminal offense, which in the
determination of the City Manager reflects negatively on
the City."
MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262
Page Seven
3. Section 16.2 Vacation Accrual Rates:
Effective the first pay period of July 1990, vacation accrual
rates will be modified as follows:
Hours Accrued
Years of Service (Uninterrupted) Per Pay Period
Start of year 1 through completion of yeaz 5 3.38 (11 days)
Start of yeaz 6 through completion of year 10 4.92 (16 days)
Start of year 11 through completion of year 15 5.85 (19 days)
Start of yeaz 16 and thereafter 6.46 (21 days)
4. Section 16.4 Vacation Scheduling and Retention of Unused
Vacation•
The times during a calendar year at which an employee may take
vacation shall be determined by the department head with due
regard for the wishes of the employee, and particular regard for
the needs of the service. If the requirements of the service
are such that an employee cannot take part or all of this annual
vacation in a particular calendar year, such vacation either
shall be taken during the following calendar year, or paid for
at the discretion of the appointing power subject to the
approval of additional funds by the City Manager. In those
years where it is impractical for classified non-management
personnel to schedule a vacation, vacation as of December 31
each year may be retained as follows:
Accrual Rate Number of Hours Retainable
3.38 hours 192 (24 days)
4.92 hours 232 (29 days)
5.85 hours 256 (32 days)
6.46 hours 272 (34 days)
Payout of hours which exceed the number of hours retainable on
December 31 of each year, will not exceed the number of hours of
vacation time taken by the employee during the preceding 12
months. Hours in excess of the number of hours retainable which
are not eligible for payout may be carried over into the next
calendar yeaz and must be scheduled for use by the employee
prior to March 31 of that calendar year. Excess vacation hours
which are not used by the employee during that three month
period will be scheduled as mandatory vacation time off at a
time to be determined by the department head.
MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262
Page Eight
5. Section 17.6 Working Out-of-Class Pay--Public Works
Non-management Maintenance and Mechanic Personnel will be
revised to read as follows:
"Employees required to serve in an acting capacity in the higher
classification of Sweeper Operator shall receive an additional
$10 per day plus Split Shift Differential pay if applicable.
Employees required to serve in an acting capacity in the higher
classification of Lead Worker shall receive an additional $12.50
per day. Employees required to serve in an acting capacity in
the higher classifications of Park Maintenance Supervisor, Field
Maintenance Supervisor, or Equipment Maintenance Supervisor
shall receive an additional $15 per day. Acting pay will be
provided for assignments of four (4} or more hours. Written
authorization to work in a higher classification will be
required. Such written authorization shall be provided to the
employee upon commencement of the assignment."
6. Addendum "A" - II. Floating Holiday Usage Rules and Exceptions
The following words will be deleted from the first paragraph:
"Employees receiving holiday pay must take their Floating
Holiday in no less than two-hour increments and all other
employees must take their Floating Holidays in no less than
four-hour increments."
IV.
This Memorandum of Understanding is subject to ratification by a
majority vote of the employee organization represented herein within
ten (10) days of execution by the Second Party and by approval of a
majority of the City Council of Campbell within twenty (20) days of
the date of execution.
EXECUTED THIS '~ fr, DAY OF ~~ ~_i..~1990 BY THE EMPLOYER-EMPLOYEE
REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW, FOR THEIR RESPECTIVE
ORGANIZATION.
CITY REPRESENTATIVES: MILLMEN AND INDUSTRIAL CARPENTERS
LOCAL 262:
(~ l ~>ao~- ~ ~~ssdd ~ '
t ,
MEMORANDUM
To: Millmen Negotiating Committee date: June 29, 1990
F.om: City Negotiating Committee
Subject: Negotiated Issue Not Included In MOU
CITY OF CAMPBELL
The undersigned, authorized representatives of the City
Council of the City of Campbell and authorized representatives
of the P•tillmen ~ Industrial Carpenters Local 262 agree
to the following:
July 1990 Additional Health and Dental Allocation
Should an Agreement with any other bargaining unit involve
a greater than $45 per month allocation for health and
dental, those represented by the MIC 262 unit would receive
that same greater amount.
July 1991 & 1992 Health Allocation
Should an Agreement with any other bargaining unit involve a greater
than $30.00 per month allocation for health, those represented by the
MIC 262 unit would receive that same greater amount.
CITY REPRESENTATIVES MILLMEN F, INDUSTRIAL
CARPENTERS REPRESENTATIVES
CeJ ~ r-~.~.,J
ADDENDUM TO
MEMORANDUM OF UNDERSTANDING
ON
WAGE, EMPLOYEE BENEFITS, HOURS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
The Memorandum of Understanding between the authorized representatives of
the City Council of the City of Campbell and authorized representatives of
the Millmen and Industrial Carpenters Local 262 for a 36-month term
beginning July 1, 1990, continuing through June 30, 1993, shall be amended
as follows:
1. Section I.C. (Compensation Adjustments)
July 1992
Effective the first pay period of July, 1992, salaries of all
classifications represented by the Second Party shall be increased by
an amount equal to one hundred percent (1000 of the increase in the
San Francisco/Oakland/San Jose Urban Wage Earner and Clerical Worker
Consumer Price Index for the one year period from May 1, 1991 through
April 30, 1992, with a maximum salary increase of seven and one-half
percent (7.5~) and a minimum increase of four and one-half percent
(4.5~).
2. Section III.2. (Addition of Section 12.8 - Just
Section 12.8.C will read "Being under the influence of any illegal
drug, narcotic or alcoholic beverage during working hours.
3. Section III.4 (Vacation Scheduling and Retention of Unused Vacation)
The number of vacation hours retainable by an employee who accrues
6.46 hours per pay period shall be increased to 280 hours (35 days).
All other provisions of the Memorandum of Understanding between the City
Council of the City of Campbell and the Millmen and Industrial Carpenters
Local shall remain unchanged.
';,
CITY REPRESENTATIVES
MILLMEN AND INDUSTRIAL
CARPENTERS, LOCAL 262