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Home My WebLink About9473 - Employees Leaguef RESOLUTION NO. 9473 A RESOLUTION OF THE CITY COUNCIL OF THE CITY . OF NEWPORT BEACH APPROVING THE MEMORANDUM OF UNDERSTANDING NEGOTIATED BY REPRESENTATIVES OF THE NEWPORT BEACH EMPLOYEES LEAGUE AND THE CITY REPRESENTATIVES WHEREAS, Resolution No. 7173 of the City Council of the City of Newport Beach provides that the City Representatives and Representatives of the Newport Beach Employees League will meet and confer in good faith regarding matters within the scope of representation; and WHEREAS, the City Representatives and Representatives of the Newport Beach Employees League 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 Employees League, a copy of which is attached hereto and made a part hereof, and authorizes the City's Representatives to execute the same on behalf of the City, effective July 1, 1978. ADOPTED this 27th day of November AA L Mayor Pr Tem ATTEST: C ty Clerk ERTIFIED AS ORIGINAL ......... ............ ... _...... CITY CLERK OF THE CATY Of NEW7 BEACH DATES NOV .-3 0 1973 1978. DDO /kb 11/17/78 { MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH EMPLOYEES LEAGUE 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 Employees League (hereinafter called "NBEL "). The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBEL. The NBEL 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. NBEL Recognition NEWPORT BEACH 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 representation pertaining to the said employees as authorized by law. The NBEL agrees that during the life of this Memorandum it will not appear before the City Council or any other legislative body on all matters 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 Effective July 1, 1979, the salary of each employee repre- sented by the NBEL shall.be increased by an amount equal to thirteen percent (130) over and above his or her salary imme- diately prior thereto. ARTICLE III Retirement NEWPORT BEACH agrees to pay one -half the employees' contribution (three and one -half percent [3- 1/20]) 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 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 this Memorandum of Understanding. NEWPORT BEACH will then pay one -half the employees' contribution to PERS for the remainder of Fiscal Year 1978 -79. -2- ARTICLE IV Holidays Effective July 1, 1978, NEWPORT BEACH agrees to provide each employee represented by NBEL 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 V Sick Leave Accrual NBEL will accrue sick leave pursuant to the schedule set forth in Section 702.3.1 of the Newport Beach Personnel Manual. ARTICLE VI Acting Appointments NEWPORT BEACH agrees that if an employee is appointed on an acting basis to a position with a higher salary range for a period exceed forty (40). consecutive hours, said employee shall receive compensation for such acting appointment retro- active to the first hour of the appointment. ARTICLE VII Wage and Salary Survey NEWPORT BEACH agrees to complete, prior to March 1, 1980, a wage and salary survey of all classifications represented by the LABEL. Information gathered in said survey will be provided for -3- NBEL review prior to March 1, 1980. ARTICLE VIII Representation During Disciplinary Proceedings • NEWPORT BEACH agrees that employees represented by NBEL shall have the right to be- represented by an authorized repre- sentative of NBEL at any meeting between the employee and a supervisor.having the authority to impose disciplinary action when it is reasonably anticipated that such meeting might result in the imposition of disciplinary action which would result in a loss of pay to the employee. ARTICLE IX Continuation of Existing Benefits All employees in the classifications represented by the NBEL shall be covered by the terms and conditions and receive all 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 in the classifications represented by NBEL without the mutual agreement of NBEL. ARTICLE X Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the -4- 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 execu- tion of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, ° or agreement reached prior to the signing of this agreement and not set forth herein. ARTICLE XI 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 designated 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 1st day of July, 1978. ARTICLE XII Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any -5- 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 XIII Non - Discrimination NEWPORT BEACH and NBEL agree that there will be no discrimi- nation by either party or by any of their agents against any employee because of his membership or non - membership in the LABEL, or because of his race, creed, color, national original, religious belief, political affiliation, sex, or age. ARTICLE XIV State Surplus Disclaimer In, 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 pre- vent or limit the City'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 NBEL 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 guidelines, then NEWPORT BEACH agrees to reopen negotiations for the purpose of determining substitute forms of compensation which will equate to the total dollar amount of the proposed percentage salary increase as set forth in this Memorandum of Understanding, 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 -7- T � contractual agreements, NEWPORT BEACH agrees to pay the full percentage salary increase as set forth in this Memorandum of Understanding. EXECUTED this day of Gi %;T= "i fit r� 1978. CITY OF NEWPORT BEACH THE NEWPORT BEACH EMPLOYEES LEAGUE By vvA11v JL A• V\.11YYAL'lL'11�L, AaJ .J 1t1VLLl Y�ilGiCJ V1V, t9 the City Manager /City Rep esentative DWARD BURT, :F1 e GEORGE P AS, Finan e Director/ ty Represe tative APPROVED AS TO FORM: �I T DENNIS D. O -NEIL, City Attorney ":