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Home My WebLink About9845 - NB Employees League MOURESOLUTION NO. 9845 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 Represen- tatives 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 Representa- tives 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 same on behalf of the City, effec- tive July 1, 1980. ADOPTED this 28th day of • ayor ATTEST: City Clerk , 1980. kv 7/22/80 e 072280 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF NEWPORT BEACH AND • NEWPORT BEACH EMPLOYEES LEAGUE 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 referred to as "NEWPORT BEACH ") and the Newport Beach Employees League (hereinafter referred to as "LABEL "). The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and NBEL. LABEL 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. 41 ARTICLE I NBEL Recognition NEWPORT BEACH hereby confirms its prior certifi- • cation 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 per- taining to the said employees as authorized by law. LABEL agrees that during the life of this Memorandum it will not appear before the City Council or any other legis- lative body on any 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, 1980, the salary of each employee represented by NBEL shall be increased by an amount equal to thirteen and six /tenths percent (13.6 %) over and above his or her salary immediately prior thereto. In addition, for the following classifications only, a two and one -half percent (2.58) salary increase will be implemented on January 1, 1981: -2- • Assistant Street Maintenance Foreman -3- • Beach and Storm Drain Foreman • Carpenter Carpenter Foreman Concrete Foreman Electrical Foreman Electrician I Electrician II Equipment Mechanic II Equipment Mechanic III Equipment Mechanic Foreman Field Operations Foreman Maintenance Painter Sign and Paint Shop Technician Sign and Paint Shop Foreman Street Maintenance Foreman Traffic Painter Utilities Construction Foreman Utilities Construction Leadman Utilities Construction Specialist Utilities Foreman Utilities Leadman Utilities Specialist Water Quality Control Supervisor. -3- • ARTICLE III Night Shift Differential NEWPORT BEACH agrees to pay $.375 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 8:00 a.m. Overtime worked as an exten- sion of an assigned day shift shall not qualify an employee for night shift differential. ARTICLE IV Call Back Pay Employees called back to work between the hours of 9:00 p.m. and 5:00 a.m. shall receive an additional $.50 per hour. Said $.50 per hour shall be added on to the employee's normal overtime rate. 0 ARTICLE V Holidays Effective July 1, 1980, NEWPORT BEACH agrees to provide the following holidays: (1) Friday, December 26, 1980; (2) Friday, January 2, 1981. -4- r� L_J � T • • In return, each NBEL employee will work a full eight -hour day on December 24, 1980, and December 31, 1980. This provision shall be in effect for one year only. The Veterans' Day holiday shall be celebrated on November 11, 1980. NBEL agrees that members scheduled to work four days a week, ten hours a day, will, when a holiday occurs, during a work week, work 32 hours during said work week. NBEL agrees that members scheduled to work 44 hours and 36 hours during a two -week work schedule will, when a holiday occurs during a work schedule, receive only eight hours' pay for said holiday. ARTICLE•' VI Retirement To the extent permitted by federal and state law and the City Charter, NEWPORT BEACH shall have the right to provide a retirement plan for its employees. The plan may provide different benefits than those available to existing employees at a lower cost to NEWPORT BEACH, if said benefits apply uniformly with respect to all employees within specified classifications and if such changes are applicable only to new employees. -5 -- ;' ARTICLE'`.VII;i -�.ts =. Medical NEWPORT BEACH agrees to increase the maximum annual • dental benefit from Five Hundred.Dollars ($500.00) to Seven Hundred Fifty Dollars ($750.00) (basic and major)..- ., NEWPORT BEACH agrees to.meet; and'- confer with NBEL representatives in a timely , manne:r -regarding the selection of an.optional membership.-In--a. qualified.-health maintenance..:.,- organization.:.__ ':.:` '. '^ . .- _ - •. ''.: 't _ _ .. a ,_ _ Tt i 2"i_: Oit lip ARTICLE VII :.. "t Seniorit,C - .. 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. In the event City determines to layoff ' employees;:' City.shall consider the following factors: A. Ability to perform the work required and the manner in which the employee has pre - viously performed the work; and -6- 11A .. - ✓ fi f°r}c - i ✓). d% � yy X4"5 s{ �t rY i w +r . :A.i.. ; v v'k�1'3 fig(' cr. JY Xsa s' < - _. 4 '. f ^4-ev1 k^'TU = ;', NI FI• >i.j `��. r114 ' - B. Length of seniority. In the event the employees involved are substan- tially equal when these factors aria considered, then the length of service within classification and within the department shall be controlling. Employees laid off shall be subject to rehire, for a period oftwo years from date of layoff, with rehire to occur in reverse order of layoff. ARTICLE IX Representation During Disciplinary Proceedings NEWPORT BEACH agrees that employees represented by LABEL shall have the right to be represented by an authorized representative 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. • -7- ARTICLE X Continuation of Existing Benefits All employees in the classifications represented • by 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 pre- viously 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 classi- fications represented by NBEL without the mutual agreement of NBEL. ARTICLE :XI Conclusiveness of Agreement This Memorandum contains all the covenants, stipu- lations, 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 representa- tion, whether or not specifically met and conferred about prior to the execution 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 Memorandum and not set forth herein. ARTICLE XII Duration. The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1981, and there- after 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, o 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 lst day of July, 1980. am • ARTICLE XIII 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 X:IV Non - Discrimination NEWPORT BEACH and NBEL agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or nonmember- ship in NBEL, or because of his race, creed, color, national origin, religious belief, political affiliation, sex, or age. EXECUTED this CITY OF NEWPORT BEACH By WAYNE SCHWAMMEL Personnel Director/ City Representative day of -10- , 1980. NEWPORT BEACH EMPLOYEES LEAGUE By EDWARD BURT Representative • CITY OF NEWPORT BEACH NEWPORT BEACH EMPLOYEES LEAGUE • BY GEORGE PAPPAS Finance Director/ City Representative APPROVED AS TO FORM: ROBERT H. BURNHAM Assistant City Attorney • -11- By IH CHAEL MEYER Representative By GEORGE MILLIKEN Representative 7/22/80 APPENDIX "A" a fj7a�Y Approx. Mo. Classification Salary Range Salary O Asst. Refuse Foreman 50.005 - 54.005 1,334 - 1,622 Asst. Street Maintenance Foreman 49.031 - 53.031 1,304 - 1,585 Beach And Storm Drain Maintenance Foreman 51.031 - 55.031 1,437 - 1,747 Bldg. Maintenance Foreman 51.031 - 55.031 1,437 - 1,747 Bldg. Maintenance Leadman 47.005 - 51.005 1,153 - 1,401 Bldg. Maintenance Man I 43.031 - 47.031 973 - 1,183 Bldg. Maintenance Man II 45.031 - 49.031 1,073 - 1,304 Carpenter 48.031 - 52.031 1,242 1,509 Carpenter Foreman 51.031 - 55.031 1,437 - 1,747 Cement Finisher 49.031 - 53.031 1,304 - 1,585 Concrete Foreman 51.031 - 55.031 1,437 - 1,747 Electrical Foreman 53.031 - 57.031 1,585 - 1,926 Electrician I 47.031 - 51.031 1,183 - 1,437 Electrician II 52:005 - 56.005 1,471 - 1,788 Equipment Maintenance Superintendent 58.005 - 62.005 1,972 - 2,396 Equipment Mechanic I 47.005 - 51.005 1,153 - 1,401 Equipment Mechanic II 50.005 - 54.005 1,334 _ 1,622 Equipment Mechanic III 51.005 - 55.005 1,401 - 1,703 Equipment Mechanic Foreman 52.005 - 56.005. 1,471 - 1,788 Equipment Operator I 46.005 - 50.005 1,098 - 1,334 Equipment Operator II 48.031 - 52.031 1,242 —1,509 Equipment Serviceworker 45.005 - 49.005 1,046 - 1,271 Field Operations Foreman 54.005 - 58.005 1,622 - 1,972 Groundsman Gardener I 45.031 - 49.031 1,073 - 1,304 Groundsman Gardener II 47.031 - 51.031 1,183 - 1,437 Groundsman Gardener III 49.031 - 53.031 1,304 - 1,585 Laborer 45.005 - 49.005 1,046 - 1,271 Maintenance Man I 46.005 - 50.005 1,098 - 1,334 Maintenance Man II 47.005 - 51.005 1,153 - 1,401 Maintenance Painter 47.005 - 51.005 1,153 - 1,401 Park Equipment Mechanic 48.005 - 52.005 1,210 - 1,471 Parking Meter Foreman 52.031 - 56.031 1,509 - 1,835 Parking Meter Serviceman I 46.031 - 50.031 1,126 - 1,369 a fj7a�Y _4_ 'f 'k, Parking Meter Serviceman iI 47.031 - 51.031 1,183 - 1,437 Park Foremam . 53.005 - 57.005 1,545 - 1,878 Pesticide Applicator 48.005 - 52.005 1,210 - 1,471 Refuse Crewman 45.031 - 49.031 1,073 - 1,304 Refuse Foreman 54.005 - 58.005 1,622 - 1,972 Refuse Inspector 50.005 - 54.005 1,334 - 1,622 Refuse Leadman 47.005 - 51.005 1,153 - 1,401 Sign & Paint Shop Foreman 50.005 - 54.005 15334 _ 1,622 Sign & Paint Shop Technician 47.005 - 51.005 1,153 - 1,401 Sprinkler Systems Technician 48.005 - 52.005 1,210 - 1,471 Street Maintenance Foreman 51.031 - 55.031. 1,437 - 1,747 Traffic Painter 47.005 - 51.005 1,153 - 1,401 Traffic Painter Foreman 50.005 - 54.005 1,334 - 1,622 Traffic Painter Leadman 48,005.- 52.005, 1,210 - 1,471 Tree Foreman 53.005 - 57.005 1,545 - 1,878 Tree Trimmer I 45.031 - 49.03 :1 1,073 - 1,304 Tree Trimmer II 48.005 - 52.005 1,210 - 1,471 Tree Trimmer III 49.031 - 53.031 1,304 - 1,585 Utilities Construction Foreman 53.031 - 57.031 1,585 - 1,926 Utilities Construction Leadman 52.005 - 55.005 1,471 - 1,788 Utilities Const. Specialist 49.005 - 53.005 1,271 - 1,545 Utilities Foreman 53.005 - 57.005 1,545 - 1,878 Utilities Leadman 51.005 - 55.005 1,401 — 1,703 Utilities Serviceworker 46.005 - 50.005 1,098 - 1,334 Utilities Specialist 47.031 - 51.031 1,183 - 1,437 Water Meter Foreman 53.003 - 57.005 1,545 - 1,878 Water Meter Leadman 51.005 - 55.005 1,401 - 1,703 Water Meter Man 47.031 - 51.031 1,183 - 1,437 Water Meter Repairman 47.031 - 51.031 1,183 - 1,437 Water Plant Operator 51.005 - 55.005 1,401 - 1,703 Water Plant Supervisor 53.005 - 57.005 1,545 - 1,878 Water Quality Control Supervisor 53.005 - 57.005 1,545 - 1,878 Yard Serviceworker 47.005 - 51.005 1,153 - 1,401