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Home My WebLink About9471 - C-2059 City Employees Association• RESOLUTION NO. 9471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE MEMORANDUM OF UNDERSTANDING NEGOTIATED BY REPRESENTATIVES OF THE NEWPORT BEACH CITY EMPLOYEES ASSOCIA- TION AND THE CITY REPRESENTATIVE (C -a05q) WHEREAS, Resolution No. 7173 of the City Council of the City of Newport Beach provides that the City Represen- tative and Representatives of the Newport Beach City Employees Association will meet and confer in good faith regarding matters within the scope of representation; and WHEREAS, the City Representative and Representatives of the Newport Beach City Employees Association have jointly recommended approval of this Memorandum of Understanding by the City Council, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve the Memorandum of Understanding between the City of Newport Beach and the Newport Beach City Employees Association, a copy of which is attached hereto and made a part hereof, and authorizes the City's Representative to execute same on behalf of the City, effective July 1, 1978. ADOPTED this 13th ATTEST: City Clerk .RTIfIED A LH hI I`d ........ .........._.._............ — CITY CLERK OF THE CITY OI N:E1'. .. N011 15 1978 day of November , 1978. M or _ ` DDO /kb 11/7/78 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION • A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours, and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff.officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH ") and the Newport Beach City Employees Association (hereinafter called "NBCEA ") and shall apply to all classifications set forth in Appendix "A." The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBCEA. The NBCEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBCEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBCEA as the recognized employee organization for the employees in the Administrative and Clerical unit, and agrees to meet and confer and otherwise deal exclusively with NBCEA • on all matters within the scope of representation pertaining to the said employees as authorized by law. The NBCEA agrees that during the life of this Memorandum it will not appear before the City Council or any other legisla- tive body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Salaries and Wages NEWPORT BEACH and NBCEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof, to be effective July 1, 1979. ARTICLE III Retirement NEWPORT BEACH agrees to pay one -half the employees' contribution (three and one -half percent [3- 1 /2a]) to Public Employees Retirement System (PERS). NEWPORT BEACH agrees to a lump sum payment the first pay period following the signing of the Memorandum of Understanding -2- l that will reflect an amount equal to one -half the employees' contribution to PERS for the period of time between July 1, 1978, and the signing of the Memorandum of Understanding. • NEWPORT BEACH will then pay one -half the employees' contribution to PERS for the remainder of Fiscal Year 1978 -79. Holidays Effective July 1, 1978, NEWPORT BEACH agrees to provide each employee represented by NBCEA one "floating holiday," said holiday to be the employee's date of birth. In addition, effective for Fiscal Year 1979 -80 only, NEWPORT BEACH agrees to provide additional one -half day holiday on Christmas Eve and one -half day holiday on New Years Eve. ARTICLE VI Sick Leave. Credit Effective July 1, 1978, NEWPORT BEACH shall elect to be subject to the provisions of California Government Code Section Q�II ARTICLE VII Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBCEA dues, and to deduct such payments from the wages of all NBCEA members and employees when authorized to do so.by said members and employees, and remit such payments to the NBCEA in accordance with the terms of signed authorizations of -3- such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBCEA shall constitute payment of said dues by such members and • employees of the NBCEA. ARTICLE VIII Continuation of Existing Benefits All employees in the classifications represented by the NBCEA shall be covered by the terms and.conditions and.receive all of the other benefits not specifically covered by any other Article of this Memorandum that are provided to employees of Newport Beach as set forth in resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of NEWPORT BEACH will not recommend.'.any revision or modification to such conditions or benefits which apply to employees presented by the NBCEA without first consulting on such recommendations with NBCEA. ARTICLE IX Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the -4- signing of this agreement and not set forth herein. ARTICLE X Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1980, and thereafter from year to year unless within the time frame and in the manner designed in Section 13, TIMETABLE FOR SUBMISSION OF REQUESTS, of the Employer - Employee Relations Resolution, either party serves written notice upon the other party of its desire to make changes in this Memorandum. Upon adoption of a resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect retroactively as of the first day of July, 1978. ARTICLE XI Separability Should any part of this Memorandum or any provisions 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 invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE XII Non - Discrimination NEWPORT BEACH and NBCEA agree that there will be no discrimi- -5- nation by either party or by any of their agents against any employee because of his membership or non - membership in the NBCEA, or because of his race, creed, color, national origin, • religious belief, political affiliation, sex, or age. ARTICLE XIII State Surplus Disclaimer If, in Fiscal Year 1979 -80, the State allocates surplus funds to cities to relieve the burden created by lost property tax revenues brought about by the passage of Proposition 13, and if conditions are attached to those funds which would prevent or limit NEWPORT BEACH's ability to grant employee.salary increases, then it is understood and agreed between the parties hereto as follows: 1. If the State guidelines for acceptance of State surplus funds permit some percentage salary increases, NEWPORT BEACH agrees to pay employees that percentage increase up to a maximum of thirteen percent (13%); 2. NEWPORT BEACH agrees to reopen negotiations with NBCEA for the purpose of determining alternate means of compensation to make up the difference between the percentage paid in salaries and the remainder of the agreed upon percentage salary increase as set forth in this Memorandum of Understanding, subject to the conditions contained in paragraph 4 below; 3. If no salary increases are permitted under the State Q� 0. guidelines, then NEWPORT BEACH agrees to reopen negotiations for the purpose of determining substitute forms of compensation which will equate to receipt by the affected employees of an amount equal to the total dollar amount which they would have received under the proposed percentage salary increase, as set forth in this Memorandu, subject to the conditions contained in paragraph 4 below; 4. The commitments contained in this Article are made by NEWPORT BEACH in good faith and shall be honored by NEWPORT BEACH to the best of its ability, exercising every reasonable effort to make available sufficient municipal revenues to satisfy these commitments; 5. If the State guidelines have been adjudicated and declared invalid as they apply to salary adjustments contained in existing contractual agreements, NEWPORT BEACH agrees to pay the full percentage salary increase . as set forth in this Memorandum of Understanding. EXECUTED this / day of , 1978. CITY OF NEWPORT BEACH NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By to th-e-Cit ity Represent tive By , Association Pres MERCY ROIt&AND, Association Rep_ APPRO AS TO POP14: GECFRG. PAS, Finan e� Direct ity Repres ntative� /L DENNIS D. O'NEIL, City Attorney -7- . 0 Accounting Cashier I Accounting Cashier II Accounting Supervisor Audit Clerk Data Control Clerk Deputy City Clerk Duplicating Machine Operator I Duplicating Machine Operator II Keypunch Operator Legal Secretary Librarian I Librarian II Library Assistant Library Clerk I Library Clerk II Library. Clerk III License Clerk License Inspector Payroll Clerk APPENDIX "A" Salary Range 40.045 - 44.045 40.045 - 44.045 41.020 - 45.020 44.020 - 48.020 41.045 - 45.045 41.045 - 45.045 45.020 - 49.020 41.000 - 45.000 41.045 - 45.045 40.045 - 44.045 42.045 - 46.045 48.045 - 52.045 50.045 - 54.045 45.045 - 49.045 36.045 - 40.045 39.020 - 43.020 41.045 - 45.045 40.045 - 44.045 47.020 - 51.020 41.045 - 45.045 i Approx. Mo. Salary 1,035 852 - 1,035 873 - 1,061 1,011 - 1,228 894 - 1,087 894 - 1,087 1,061 - 1,290 856 - 1,040' 894 - 1,087 852 - 1,035 939 - 1,142 1,259 - 1,530 1,388 - 1,687 1,087 - 1,321 701 - 852 792 - 962 894 - 1,087 852 - 1,035 1,170 - 1,422 894 - 1,087 • Programmer Analyst Purchasing Clerk I Purchasing Clerk II Recreation Clerk Recreation Supervisor Secretary Secretary to the Fire Chief Senior Legal Secretary Senior Storekeeper - Buyer Steno Clerk I Steno Clerk II Stock Clerk Storekeeper I Storekeeper II Systems Analyst Typist Clerk I Utilities Administrative Aide Water Billing Clerk I Water Billing Clerk II Salary Range 42.020 - 46.020 52.001 - 56.001 40.045 - 44.045 42.020 - 46.020 41.045 - 45.045 50.020 - 54.020 43.015 - 47.015 43.015 - 47.015 45.045 - 49.045 48.020 -. 52.020 40.045 - 44.045 42.020 - 46.020 41.045 - 45.045 44.020 - 48.020 45.020 - 49.020 53.001 - 58.001 36.045 - 40.045 50.020 - 54.020 40.045 - 44.045 41.045 - 45.045 ii Approx. Mo. Salary 1,465 - 1,781 852 - 1,035 917 - 1,114 894 - 1,087 1,354 - 1,646 958 - 1,164 958 - 1,164 1,087 - 1,321 1,228 - 1,493 852 - 1,035 917 - 1,114 894 - 1,087 1,011 - 1,228 1,061 - 1,290 1,539 - 1,964 701 - 852 1,354 - 1,646 852' - 1,035 894 - 1,087