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HomeMy WebLinkAbout06 - Part-Time Employees Unit MOUSeptember 12, 2000 Agenda Item No. 6 CITY OF NEWPORT BEACH HUMAN RESOURCES DEPARTMENT TO: Mayor and City Council %f FROM: Sharon Wood, Assistant City Manager (�j�J SUBJECT: Memorandum of Understanding with Part -Time Employees Unit, UPEC Local 777 Recommendation Approve and authorize the Mayor to execute the Memorandum of Understanding. Discussion In the fall of 1999, the City's part -time employees proposed the establishment of a new bargaining unit to represent them. An election among eligible employees was held in December, and the new unit, UPEC Local 777, was established. The criterion for representation by the association is working, on average, at least 16 hours per week for a year. The City's labor negotiator and staff began discussions with the association in January, and continued them with direction from the City Council until May, when we reached tentative agreement. The primary benefit that the City Council offered to the association is a cafeteria health plan, with a City contribution in line with the part-time status of this employee population. Because it is unusual for cities to provide health benefits to part- time employees, it has taken the past few months to find carriers who will provide coverage, especially for those employees who work fewer than 20 hours per week. Through the cooperation of the association's representative, a health plan has been made available for those employees, and those who work 20 hours or more per week are eligible for PERS health care. Therefore, the Memorandum of Understanding (MOU) is being presented for final City Council approval. The MOU is effective as of July 1, 2000, and has a term of three years. The medical contribution is $150 per month in the first year, $160 in the second year, and $175 in the third year. By contrast, the City contribution for full -time employees is $400 to $450 per month, depending on the association. The MOU also provides for cost of living increases similar to those provided to full -time employees, compensation for overtime as required by law, and employee participation in the payroll direct deposit system. There are approximately 60 current employees who are eligible for the benefits provided in the MOU. The largest number of them are in the library, followed by the Community Services Recreation Division, Police Department (Community Service and Reserve Officers), Marine Environmental Division (Parking Lot and Dock Attendants), and the Utilities Division. For the departments with larger numbers of part-time employees, this method of staffing works well for budgeting and coverage flexibility reasons. The City relies on part-time employees for many of our operations, and this staffing practice is likely to continue. For this reason, staff believes it is appropriate for the City to recognize the new association and to provide health benefits to this employee group. 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PART -TIME UNIT UPEC, LOCAL 777 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is entered into with reference to the following: PREAMBLE 1. The Newport Beach Part -Time Unit ( "UPEC, LOCAL 777 "), 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. UPEC, LOCAL 777 representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1„ 2000 to June 30, 2003 and this tentative agreement has been embodied in this MOU. This MOU, upon approval by UPEC, LOCAL 777 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 In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's /Employee Labor Relations Resolution No. 7173, the City acknowledges that UPEC, LOCAL 777 is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer /Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by UPEC, LOCAL 777. Recognition is limited to employees meeting the following criteria: 1. Recognition is restricted to those employees regularly scheduled (except for vacation periods, leaves of absences, etc.), to work on a year -round basis. 2. Employee's must average at least sixteen (16) hours per week, based on hours actually worked. Employees meeting the criteria for the twenty -six (26) pay periods ending with the last pay period in April of each year shall be included for recognition /benefit purposes for the contract year beginning the following July; for long as they continue to be regularly scheduled to work. An absence of thirty (30) days or more will suspend benefits. 3. Employees meeting the criteria for the contract year commencing July 1, 2000 are listed in Exhibit B. B. Duration of Memorandum 1. 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, 2000. This MOU shall remain in full force and effect until June 30, 2003, 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 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. Employee Data and Access Each May the City shall provide UPEC, LOCAL 777 a regular list of all unit members including name, department, and job title. 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 2 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. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, 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. - Compensation A. Pay for Time Worked 1. Salary Adjustments Recognized part -time employees holding classifications included in full -time regular bargaining units shall receive the same salary adjustments as provided full - time employees. Employees holding classifications exclusive to part -time employees shall have their salaries adjusted in accordance with the general (cost of living) increase provided to full -time employees represented by Newport Beach City Employee's Association. 2. Compensation for Overtime - Normal 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 ending at midnight the following Friday. 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 3 City. 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. SECTION 3. - Frinve Benefits M 0 Insurance Cafeteria Plan Effective July, 2000, or as soon as possible thereafter, the City shall implement an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $134.00. In addition, the City shall contribute a total of $16 towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical insurance if program rules allow. In addition an alternate medical program will be offered in conjunction with UPEC, LOCAL 777. A cash payment of $134.00 will be made from July, 2000 until the plan(s) become available. Any unused funds shall be payable to the employee as taxable cashback. Employees shall be allowed to change coverage in accordance with plan rules during regular open enrollment periods. Effective July, 2001, the contribution shall be increased to $144.00. Effective July 1, 2002, increased to $159.00. Other Benefits Not Provided the contribution shall be No other fringe benefits are provided to employees in the Part Time Unit. SECTION 4. - Miscellaneous. A. Direct Deposit All employees shall participate in the payroll direct deposit system. Executed this day of , 2000: ATTEST: M NEWPORT BEACH PART -TIME UNIT, UPEC, LOCAL 777 By: UZ CITY OF NEWPORT BEACH 02 John Noyes, Mayor Lavonne Harkless, City Clerk APPROVED AS TO FORM: Robert H. Burnham, City Attorney 5