HomeMy WebLinkAbout07/11/1994 Item #170 •
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July
065
July 11, 1994
City Council Agenda
Item No. /7
TO: Honorable Mayor Turner and Members of the Newport Beach
City Council
FROM: City's Negotiations Team
RE: Tentative agreement with the Newport Beach Employees
League (LABEL)
THE FOLLOWING POINTS HAVE BEEN AGREED TO BY THE
NEGOTIATORS FOR THE NBEL AND THE CITY NEGOTIATORS, AS A
PRODUCT OF THE MEET AND CONFER PROCESS AS REQUIRED BY THE
MEYERS, MILLIAS, AND BROWN ACT. FINAL AGREEMENT IS SUBJECT
TO RATIFICATION BY THE MEMBERS OF THE NBEL AND THE
MEMBERS OF THE NEWPORT BEACH CITY COUNCIL.
1. ECONOMICS:
The City and the NBEL agree to no adjustment in compensation
for fiscal year 94/95.
2. LAYOFFS
The provisions of this section shall apply when the City
Manager determines that a reduction in the work force is warranted
because of actual or anticipated reductions in revenue, reorganization
of the work force, a reduction in municipal services, a reduction in
the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force
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are to be accomplished, to the extent feasible, on the basis of
seniority within a particular department or section, when applicable.
DEFINITIONS
(A) "Layoffs" or "Laid Off" shall mean the non -
disciplinary termination of employment.
(B) "Seniority" is defined as the length of service of an
employee, dating from the employee's last date of hire.
Any right based upon seniority shall not accrue to any
employee until the employee attains permanent status as defined in
Section 2 of the Newport Beach Personnel Policies. subject to the
following:
(i) Credit shall be given only for continuous service
subsequent to the most recent appointment to permanent status in
the Classification or Series;
(ii) Seniority shall include time spent on industrial
leave, military leave and leave of absence with pay, but shall not
include time spent on any other authorized or unauthorized leave of
absence.
The General Services Department will select employees for
layoff by straight seniority department -wide. This means
department management has total control of position elimination and
personnel reassignment within ranks, but the layoffs shall be on a
straight forward "last hired -first fired" basis.
The layoff system for the Utilities Department shall operate the
same department -wide seniority as does the General Services
Department, with the exception of the Electrical and
Telecommunications sections. Because of the highly specialized skills
and training of the personnel in these sections, these sections shall be
treated as unique and individual unto themselves.
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NOTICE
Employees subject to lay-off shall be given at least thirty (30)
days advance notice of the layoff or thirty (30) days pay in lieu of
notice. In addition, employees laid off will be paid for all
accumulated paid leave, holiday leave (if any), and accumulated sick
leave to the extent permitted by the Personnel Resolution.
RE-EMPLOYMENT
Permanent and probationary employees who are laid off shall
be placed on a Department re-employment list in reverse order of
layoff. The re-employment list shall expire in 18 months. In the
event a vacant position occurs in the Classification which the
employee occupied at the time of layoff, or a lower ranking
Classification within a Series, the employee at the top of the
Department re-employment list shall have the right within seven (7)
days of written notice of appointment. Notice shall be deemed given
when personally delivered to the employee or deposited in the U.S.
Mail, first class postage prepaid, and addressed to the employee at
his or her last known address. Any employee shall have the right to
refuse to be placed on the re-employment list or the right to remove
his or her name from the re-employment list by sending written
confirmation to the Personnel Director.
SEVERANCE
If an employee is laid off from their job with the City, for
economic reasons, the City will grant severance pay in an amount
equal to one week of pay for every full year of continuous
employment service to the City of Newport Beach.
The City agrees to maintain flex -scheduling where it is
currently in place in the Utilities and General Services Departments.
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The Building Maintenance, Parks Maintenance, and Beach
Maintenance crews will be placed on the 5/40 schedule including the
Memorial Day and Labor Day weekends, or any portion of time
between these Holidays at the discretion of the General Services
Director. The City reserves the right to amend the program as
needed to mitigate any operational problems which may arise due to
budgetary cutbacks, personnel cuts or shortages, service level
complaints, or any other operational reason. Should an operational
problem involving service reductions or increases in cost materialize,
the department director will notify the association and the
employees affected work group of the problem in writing, supported
with cause. The association and/or the employees of the affected
work group, will in turn will have up to ten (10) working days to
respond and schedule a meeting with the department director. The
purpose of the meeting is to propose a solution to the problem. The
department director will consider the proposed solution and respond,
in writing, within five (5) working days. If the department director
and the work group disagree on the solution, the association and/or
the employees of the affected work group will have up to five (5)
working days to appeal the department director's decision to the City
Manager, who will consider both sides of the issue and resolve the
dispute, in a written decision within ten (10) days after the
aforementioned meeting.
The MOU will become effective on the first day of the first pay
period of the 1994/95 fiscal year, and shall remain in force through
thelast day of the last pay period of fiscal year 1994/95.
The City will offer the PERS health care system, as an option, to
the employees represent by NBEL on January 1, 1995.
Fourth step grievances would be reviewed by an independent
hearing officer, who would make an advisory recommendation to the
City Manager for final resolution. The cost of this procedure would
be paid by the loser.
The City will work with NBEL to tighten the controls on the
safety shoes program. Language will be developed to reduce the
likelihood of abuse without compromising worker safety.
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