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HomeMy WebLinkAbout01 - MOU - Newport Beach City Employees League3 September 22$, 1997 City Council Agenda Item No. 1 CITY OF NEWPORT BEACH_.,. w ADMINISTRATIVE SERVICES DEPARTME T a; Resource Management Division SEP 2 21997 September 22, 1997 — rc� PROVE TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dennis Danner, Administrative Services Director 111a�` SUBJECT: MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH CITY EMPLOYEES LEAGUE DISCUSSION: The current agreement with the City of Newport Beach City Employees League (League) expired on June 30, 1997. The term of the agreement was extended through the present time, with the mutual consent of the City and the Association, while negotiations were underway on a new agreement. An agreement was recently reached between the City and this Association, the new Memorandum of Understanding (MOU) was prepared, and each • party reviewed and approved the MOU. The new agreement provides for a 3% salary increase for members of this Association while retaining language for negotiation reopeners on such things as Retiree Health Insurance and the City's Disability Program for miscellaneous employees. There were no other increases in compensation or benefits included in the new agreement. The new contract will expire on June 30, 1998. If approved by the City Council, the 3% salary increase will be retroactive to the first pay period of July, 1997. The estimated cost of providing this salary increase to the League for the 1997-98 fiscal year is $225,000 and funds were included in the City's current budget for the increase. RECOMMENDATION: It is recommended that the City Council approve the attached Memorandum of Understanding between the City and the City Employees League for the period July 1, 1997 to June 30, 1998. c:\ivimvord\dcnnisrvp\cea mou98\09/11/97 0 0 COUNCIL AGENDA NO. — I qka luj MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH EMPLOYEES LEAGUE This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as 11MOU11) is entered into with reference to the following: PREAMBLE The NEWPORT BEACH EMPLOYEES LEAGUE ("NBEL"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBEL representatives and City representatives have reached agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 1997 to June 30, 1998 and this agreement has been embodied in this MOU. 3. This MOU, upon approval by NBEL and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. - General Provisions A. Recognition City hereby confirms its prior certification of NBEL as the recognized employee organization for the employees in the Construction and Maintenance Unit, 'and' agrees to meet and confer and otherwise deal exclusively with NBEL on all matters within the scope of representative pertaining to said employees as authorized by law. B. Duration of Memorandum. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 1997. This MOU shall remain in full force and effect until June 30, 1998, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over i a 4 conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. co e. 1. All present written rules and current established practices and employees, rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. 2. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. D. Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. F. Organizational Security Employees who are members of the NBEL or become members shall be required to maintain membership, or, maintain payment of an equivalent service fee checked off by the City for the life of this agreement. .NBEL shall indemnify and hold 2 0 harmless the City from any and all claims arising from this article. G. Employee Data and Access. The NBEL will be provided on a regular basis with a listing of all unit members. The listing will include name, department, and job title. Information concerning the NBEL prepared by the NBEL will be provided to new field employees at the time of orientation. NBEL officials shall be entitled to solicit membership from field employees who are not members or who are new City employees assigned to a field department. H. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, a decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. - Comvensation A. Salary Adiustments Effective the first pay period of July, 1997, salaries shall be increased by 3%. B. Retirement Contribution For the term of this agreement, the City will pay each member's contribution to the Public Employee's Retirement System (PERS) not to exceed 7%. The retirement pick-up shall be credited to the employee's individual account with PERS. C. Compensation for Overtime Definitions a. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). b. Overtime - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and r ending at midnight the following Friday (or as • otherwise designated by the City Manager). C. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. d. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 2. I_ncidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. b. Compensation Incidental overtime is not compensable. Overtime Pay Calculations Durina Week Includina • Holiday(s) For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. The floating holiday is excluded from this provision. D. Accumulation of Compensatory Time off City employees represented by the NBEL may receive compensatory time off, in lieu of cash, as compensation for overtime hour worked. Compensatory time shall be calculated at the rate of one and one half hours for each hour of overtime worked beyond the 40 hour limit of the work week. Compensatory time is to be granted only when the employer and the employee agree that the application of "Comp Time" is a desirable substitute for the payment of cash for overtime. Call back time may be converted to comp time with supervisor approval. Employees may accumulate up to eighty (80) hours of Compensatory Time. Any'hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of Department Director. 4 0 0 • ri u i. Compensatory time off for non-exempt employees shall accrue at the rate of time -and -a -half for every overtime hour worked. ii. All compensatory time earned must be reported to the payroll section on the departmental time sheets in the "A.O." column. E. Standby Duty A. Defined i. To be ready to respond immediately to calls for service; ii. To be reachable by telephone; iii. To remain within a specified distance from his/her work station; and iv. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. B. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. F. Call -Back Duty A. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. B. Compensation All personnel on call back duty eligible for overtime 61 G H MM J i i pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Court Time Employees who are required to appear in Court during their off-duty hours in connection with City business shall received overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. Night Shift Differential The City agrees to pay $1.00 per hour night shift differential for Employees working a regularly scheduled work shift of which four or more hours are worked between the hours of 5:00 p.m. and 5:00 a.m. Overtime worked as an extension of an assigned day shift shall not qualify an employee for night shift differential. The differential pay is paid only for hours actually worked. In accordance with this provision, City agrees to pay $.50 per hour night shift differential to automotive shop mechanics for hours worked after 5:00 p.m. Differential Pay for One Man Packer 0 The differential pay for the operation of a one man packer shall be 17.5%. Actina P NBEL employees will be eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Acting pay is 107.5% of the employee's base pay rate. Once the minimum hours requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. K. Optional Uniform Employees represented by the NBEL will be permitted to wear specified and approved shorts as part of the City approved optional uniform. The shorts must be dark blue in color, the inseam must be no less than 4 and 1/2 inches after shrinkage. They must be worn in combination with the standard City uniform shirt of the optional (golf style) City uniform shirt, and they must be worn with either white or blue socks. 6 The optional uniform shall be considered proper and acceptable year round. Department Directors may make individual exceptions to this optional uniform agreement through the establishment of Departmental Policy in the interest of reasonable safety considerations. It shall be further understood by the LABEL and its members that employees who report for work either "out of uniform" or in "dirty" or "otherwise substandard" uniforms will be sent home without additional prior notice and without pay. Such incidents shall further be documented and regularly repeated violations of the uniform standards will be subject the employee to progressive discipline up to and including dismissal for negligence and/or misconduct. L. Certification Pay Annual payment for State or governing body certification to be as follows for those League represented employees holding valid and current certification in areas indicated below on November 15th of each year: 1. Water or Wastewater Operator - Grade I - $50.00 Grade II - $100.00 Grade III - $150.00 Grade IV - $200.00 2. Backflow Certification - $100.00 3. Qualified Applicator Certificate - $100.00 for each category up to a maximum of $300.00. 4. Smog - $100.00 5. Fire Mechanic State Level I - $100.00 6. Fire Mechanic State Level II - $200.00 7. Certified Arborist - $100.00 8. ASE Certification - $25.00 per certification up to a maximum of eight. $100.00 for possessing a current ASE Master Truck Technician. $100.00 for possessing a current ASE Master Automobile Technician certification. • 7 0 0 SEC7TION 3. - Leaves A. Flex Leave 1. Regular full-time employees enrolled in the paid leave program will earn leave to the following schedule: Years of continuous Accrual per Annual service pay period/hrs Days I but less than 5 5.54 18 5 but less than 9 6.15 20 9 but less than 12 6.77 22 12 but less than 16 7.69 25 16 but less than 20 8.31 27 20 but less than 25 8.92 29 25 and over 9.54 31 2. Employees hired by the City of NEWPORT BEACH on or after July 1, 1996, shall accrue flex leave at the following rates: Years of continuous Accrual per Annual service pay period/hrs Days 1 but less than 5 4.92 16 5 but less than 10 5.53 18 10 but less than 15 6.46 21 15 but less than 20 7.08 23 20 and over 8.00 26 During the first six months of employment, new full-time employees shall not accrue flex leave. At the completion of six months of employment six (6) months of flex leave will be placed in the employees account. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of flex leave time to be used for illnesses only. If employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of paid leave days advanced from the employees final check. Any flexleave time advanced during the first six months of employment will be subtracted from the six (6) months of accrual placed in the employees account upon completion of six months employment. 3. Limit on Accumulation Employees may accrue flex leave up to an accumulated total equal to seventy eight times the members bi-weekly accrual rate Any paid leave earned in excess of this 8 0 0 9 level will be paid on an hour for hour basis in cash at the employees hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the members hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spillover pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. Method of Use Flex leave may not be taken in excess of that actually accrued and in no case, except for illness, may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. Flex leave may be granted on an hourly basis. B. Vacation Leave Basis for Accrual/Full-Time Emnlovees Employees entitled to accrue such leave based and the number of hour position to which they the following schedule: Years of Continuous Service vacation leave -with -pay shall on years of continuous service s in a normal work week for the are assigned in accordance with Hours in Normal Work Week 40 0 but less than 5 3.38 5 but less than 9 3.99 9 but less than 12 4.61 12 but less than 16 5.22 16 but less than 20 5.84 20 but less than 25 6.46 25 and over 7.07 9 C 0 Limit on Accumulation Accrual of vacation days two years of continuous December 31st of each yea with approval of the Del may accrue vacation days provided all such excess 0 in excess of those earned for service is not permitted past r with the following exception: artment Director, an employee Ln excess of the two-year limit accumulation is taken by March 31st of the following year. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry-level employees, may it be taken prior to the completion of an employee's initial probationary period. Entry level employees may use vacation after the completion of the initial twelve (12) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. Vacation leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. Sick Leave Basis for accrual/Full-time Emnlovees Full-time, regular employees shall accrue sick leave based on the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedules: Normal Work Week 40 hours Service Time 0-1 year 1-2 years 2-3 years 3-4 years 4+ 2. Method of Use A. General Monthly Accrual 4 hours 5 hours 6 hours 7 hours 8 hours Sick leave may not be taken in excess of that actually accrued. 10 C1 0 0 0 Sick leave may be granted on an hourly basis. 3. Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 703.1. of the Personnel Rules. Family Sick Leave Policy Employees are authorized to use five (5) eight (8) hour days of accrued sick leave per calendar year for an illness of a dependent which requires the presence of employee. Sick Leave Conversion Employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall required the approval of the Department Director. D. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions and other except those personnel whose work assignments, in the judgment of the Department Director require their presence on the job. For each designated holiday, except the Floating Holiday, such excepted personnel shall receive an equivalent number of hours of paid flex leave or equivalent pay whichever in the judgment of the Department Director best serves the interest of the Department. Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Christmas Eve Christmas New Year's Eve Thanksgiving July 4 1st Monday November 11 4th Thurs. Last 1/2 of December 25 Last 1/2 of in Sept. in November working day working day E New Year's Day January 1 Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Floating Holidays (1) Eligibility and use according to Memoranda of Understanding. Holiday Pay Eligibility NBEL agrees that members scheduled to work 44 hours and 36 hours during a two-week schedule will, when a holiday occurs during a work schedule, receive eight (8) hours pay for said holiday. Following are the limitations on eligibility for Holiday Pay: a. Holiday Pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday, or are on authorized leave (e.g. approved vacation, or sick leave, that has been approved by the Department Director). b. Employees will be eligible to receive holiday pay only after they have been on active paid status for 30 consecutive days. Bereavement Leave The provisions of the Bereavement Leave Policy applicable to affected employees shall be as follows: Defined. "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family. For the purposes of this section, immediate family shall mean father, mother, brother, sister, wife, husband, child, father-in-law, mother-in-law and grandparents." Maximum Allowed. Such leave shall be limited to five (5) working days per incident. Probationary Emplovees. An employee serving his/her initial probationary period who takes leave under this section who for any reason terminates his/her employment prior to the completion of such probationary period shall have his/her final paycheck reduced by the value of the leave taken. 12 0 SECTION 4. -Fringe Benefits. A. Insurance. 1. Health and Dental Insurance. The City shall make available to all NBEL members represented members the PERS health insurance programs and a second health care plan. City shall pay the health and dental premium for each LABEL employee, up to a maximum of four hundred ($400) per month. 2. Retiree Medical Insurance For the term of this agreement, the parties agree that the maximum contribution by the City and active employees for retiree medical insurance shall not exceed $400 per month. The active employees contribution shall be 25% of the cost of the retiree medical insurance program for the life of this agreement. The City will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. The City and Association agree to work, through a City wide committee, on a variety of issues involving retiree medical insurance in an attempt to achieve cost containment and equity amongst the City's retiree medical programs. 3. Medical Opt Out Employees will be allowed to opt out of any of the City's health plans, and if they choose to do so they may receive $200 per month. To qualify the employee would be required to supply evidence of alternative coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. 4. Information Committee. City has established a Medical/Dental Information Committee composed of one representative from each employee group and up to three City representatives. The Medical/Dental Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health care issues. The purpose of this Committee is to provide • each employee group with information about health care 13 0 issues and to receive timely input from associations . regarding preferred coverage options and levels of coverage. City shall provide information to the Committee in December, February and April of each year during the term of this MOU. The Committee shall solicit bids on an alternative dental HMO carrier during the term of this agreement. 5. Vision Insurance The existing vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 6. Disability Insurance Under the new paid leave program, the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank, the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick, paid or combination) of 160 hours but less than 280 hours - 50% paid. Accrued leave (sick, paid or combination) of 280 hours or more - 100% paid. When an employee having five years of service with the City is on an approved disability leave of • 14 E 0 absence (up to a maximum of one year) , the City will pay one-third of the cost of the employee's insurance (health, life and disability); for an employee with ten years of service, the City will pay two-thirds of the cost; the City will pay the entire cost of an employee with fifteen years or more of service. Refer to Personnel Resolution 703.6 Extended Sick Leave for employees enrolled in new paid leave program. 7. The City and Association agree to participate in a City-wide committee to restructure the existing disability insurance -leave program. B. Tuition Reimbursement NBEL members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job-related courses. Maximum tuition reimbursement for employees shall be $1,000.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or • better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Administrative Services Director. SECTION 5. Miscellaneous/workinu Conditions A. Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that is is effectively maintained and that its reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their Department Director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the Department Director. The Department Director will consider the request and within 60 days either reject it at his/her level or refer it to the Personnel Department for further evaluation. If the Department Director does not respond to the subject . employee within 60 days, the employee may refer the request 15 directly to the Personnel Department. The Personnel • Department will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Personnel Department as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of employee(s) in the position. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgment of the Department Director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. 0 B. Reductions in Force/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 are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS a. "Layoffs" or "Laid Off" shall mean the non -disciplinary termination or employment. b. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: Ii CJ 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 without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. C. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments and more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. e. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a • series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE 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 Division of the Public Works Department shall operate the same department -wide seniority as does the General Services Department, with the exception of the Electrical and Telecommunications sections. 17 • 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. In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: a. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. b. Employees within a classification shall be laid off in inverse order of seniority; C. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. d. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. REEMPLOYMENT 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 • 18 0 0 continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. 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. C. Expansion of the IRS Section 125 Plan The NEEL and the City agree to expand the IRS section 125 plan to the fullest extent allowed by law. This will be accomplished through the selection of a qualified section 125 plan administrator. D. zn-Service Supervisory and Safety Training The City will continue its program of providing supervisory and motivational training for Supervisors and Crew Chiefs. The program, will if possible, be expanded to include non - supervisory personnel wherever practical. The equipment operator training program will continue on an as needed basis. Course subject matter may include, but not limited to: interpersonal working relationships, public service, performance evaluation techniques, employee counseling and discipline, harassment avoidance, defensive driving, substance abuse, skills and safety methods and procedures, and wellness. Voluntary Training Program - The Department shall, when the need for additional or replacement individuals possessing a commercial drivers license is anticipated, establish a voluntary training program that will allow employees to qualify for the license. E. Safety Shoes The present policy and practices regarding the supply and maintenance of safety shoes shall remain in place except for the following changes as they apply to the accelerated wear provisions. If the soles of the safety shoes wear out within a year, the employee should present the shoes to his/her supervisor. If the supervisor agrees that the soles are worn out, he will authorize the employee to purchase a new pair of shoes at City expense. If the supervisor judges that the uppers are 19 0 0 in good condition, he will authorize the employee to have the shoes resoled at City expense. F. Service Awards For the purposes of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementation, an employee is required to individually notify the awards committee of all of the service time. G. Labor Management Committee Committees shall meet on an as needed basis; names of participating unit members shall be announced to management no less than 5 work days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. H. Accident Reporting The City will require that all traffic collisions involving City vehicles shall be reviewed by the traffic division supervisor of the Newport Beach Police Department to prevent any unnecessary reports from being forwarded to the DMV. Also, the vehicle accident review board will evaluate the supervisor's field report prior to making its preventable/non-preventable determination. I. Discipline - Notice of Intent 1. Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The 20 0 0 notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non - substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance process as established in the Employee - Employer Resolution #7173. 2. Grievance Procedure Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department 21 heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. Step 4: Mediation - If the grievance is not resolved after Step 3, as an alternative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resource Manager within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the .normal processing of a grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. Step 5: Within 20 calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Additionally, the City and NBEL agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 5th step of the grievance procedure. J. Performance Evaluation 1. PREPARATION: The Supervisor will review the employee's previous evaluation and identify changes in performance. Note changes and the reasons why. The Supervisor will review established job duties that were discussed with the employee and provided to him in writing at the beginning of the rating period. 22 The Supervisor will review established performance standards for each job duty described above, which were also discussed with the employee and provided to him in writing at the outset of the rating period. The Supervisor will list specific incidents or products that illustrate and support the formal ratings in each performance category. The Supervisor will prepare established job duties and performance standards for presentation to the employee at the beginning of the next rating period. 2. COMPLETION OF THE RATING: The Supervisor will review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. The Supervisor will write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the • rater's Department Head prior to presentation to the employee. The Supervisor will present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: All employees will receive a performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be • considered a Competent overall rating for any subsequent 23 0 use or purpose. TRANSFERS AND REASSIGNMENTS: The City and the NBEL agree to modify the "transfers and assignments" article in the MOU to read as follows: "The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the LABEL, the seniority and preference of the employee will be taken into consideration. K. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Personnel Policies, related Departmental Rules and Regulations; Employee/ Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. L. 9180 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently in place in the Utilities Division of Public Works Department and General Services Department. 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 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 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. 24 • 9 • M. Iniury Prevention Program (IPP) • Until such time as the Injury Prevention Program (IPP) is fully developed the following understandings apply: The City will indemnify and hold harmless from civil and criminal prosecution NBEL members for any liability which might arise out of the City's IPP (mandated by SB198). Once the program has been fully developed and implemented, the IPP will come into full force and effect. The City will take into consideration the adequacy of training prior to issuing discipline or depreciated performance evaluations to employees who have been determined to be in non-compliance to the City's IPP. The City agrees to identify, at the beginning of each department's IPP the individuals who are ultimately responsible for the administration of the plan. 4. The City agrees to incorporate representatives of the NBEL on the IPP safety committees in all departments where the NBEL has representation obligations. 5. The City agrees to include representatives from the NBEL . in a meet and consult role, as part of the process which will be employed for the incorporation of changes in the IPP. N. Promotional Preference Where no less than two (2) unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. The Human Resources Department shall be responsible for insuring that a position vacancy announcement for all available City positions be distributed in a manner that reasonably assures unit members access to the announcements. The Human Resources Department shall oversee all testing procedures. Any employee who has achieved "regular status" may request assignment to any lateral or lower classification, and that employee may be transferred into that classification without competitive testing if both of the following conditions have been satisfied: 1. The employee meets the minimum qualifications of the classification; and, 2. The Department Director approves of the transfer. 9 25 r 0 O. Accident Rebortina . The City requires that all traffic collisions involving City vehicles shall be reviewed by the Traffic Division Supervisor of the Newport Beach Police Department to prevent any unnecessary reports from being forwarded to the DMV. Also, the vehicle accident review board will evaluate the supervisor's field report prior to making its preventable/non-preventable determination. P. Non -Discrimination City and LABEL agree that there will be no discrimination by either party or by any of their agents against any employee because of his/her membership or non -membership in NBEL, or because of his/her race, creed, color, national origin, religious belief, political affiliation, sex or age. Q. Rest Periods Employees shall be allowed rest period of fifteen (15) minutes during each four (4) consecutive hours of work. Such rest periods shall be scheduled in accordance with the requirements of the Department, but in no case shall rest periods be scheduled within one (1) hours of the beginning of • the ending of a work shift or lunch period. The City may designate the location or locations at which rest periods may be taken. Rest periods shall be considered hours worked and employees may be required to perform duties, if necessary. R. Clean -Up Time When necessary, each employee shall be permitted up to fifteen (15) minutes of paid City time at the end of each work shift to perform work related job site and personal clean-up and to put away tools and equipment. The amount of clean-up time shall be limited to the actual needs of the employee. S. Failure of Probation a. New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing, except as provided in C., below. 26 • b. Promotional Probation 1. An employee on promotional probation may be failed at any time without right of appeal or hearing, except as provided in C., below, and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. 2. An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. 3. When an employee fails his or her promotional probation, the employee shall have the right to return to his or her former class provided the employee was not in the previous class for the purpose of training for a promotion to a higher class. When an employee is returned to his or her former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. 4. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in his or her former occupational series closest to, but no higher than, the salary • range of the class which the employee occupied immediately prior to promotion and shall serve the remainder of any probationary period not completed in the former class. C. Probationary Release An employee who alleges that his or her probationary release was based on discrimination by the City, in violation of Personnel Policy Section 303 Non -Discrimination may submit a grievance within ten (10) days after receipt of the Notice of Failure of New Probation. T. Direct Deposit Effective October 1, 1997, all newly hired employees shall participate in the payroll direct deposit system. U. Reopeners The City and NBEL agree to, upon request of either party, reopen negotiations during the term of this agreement on the grievance procedure and layoff policy. 0 27 V W i 0 Duration The terms of this MOU are to remain in full force and effect from the first pay period of fiscal year 1996-1997 through the last pay period of fiscal year 1997-1998. Proposals for the succeeding MOU must be submitted on or before March 1, 1998 in accordance with Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution. Upon adoption of a resolution approving this MOU and the terms hereof by the City Council of the City of Newport Beach, this MOU shall be in force and effect as of the first day of the first pay period of fiscal year 1997-1998. Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should provisions of this MOU relating to any schedule adjustment increased by declared invalid, City agrees to provide alternative benefits agreeable to LABEL, to employees, which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. Executed this day of NEWPORT BEACH EMPLOYEES LEAGUE By: Greg Lewis, President M ME M 1997: Gary Mansfield, Vice President Ken Fry, Secretary Mike Thayer, Treasurer Larry Lykins, Staff 28 0 ATTEST: By: Jan Debay, Mayor LM LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robert H. Burnham, City Attorney 0 1* 29