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HomeMy WebLinkAbout2015-64 - Adopting a Memorandum of Understanding between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards RESOLUTION NO. 2015-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS WHEREAS, the City Council of the City of Newport Beach previously adopted Resolution No. 2001-50, the "Employer-Employee Relations Resolution," pursuant to the authority contained in the Meyers-Milias-Brown Act, Government Code §3500; and WHEREAS, the City of Newport Beach supports effective communication and collaborative working relationships with its employee associations to promote improved relations while balancing good management practices; and WHEREAS, the City of Newport Beach previously entered into a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards, a recognized employee organization, for the period July 1, 2012 through June 30, 2014; and WHEREAS, representatives from the City of Newport Beach and representatives from the Association of Newport Beach Ocean Lifeguards met and conferred in good faith and reached a Tentative Agreement on wages, benefits and other terms and conditions of employment on July 14, 2015; and WHEREAS, the City Council of the City of Newport Beach desires to replace the Memorandum of Understanding between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards by adopting a successor Memorandum of Understanding for the period July 1, 2014, through June 30, 2017. NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE as follows: Section 1. Wages, hours, fringe benefits, and other terms and conditions of employment for employees represented by the Association of Newport Beach Ocean Lifeguards shall be provided in accordance with the provisions of the attached Memorandum of Understanding (Attachment A). Section 2. The term of the Memorandum of Understanding shall be for 36 months, commencing retroactively to July 1, 2014, and will remain in full force and effect through June 30, 2017. Section 3. The City's Salary Schedule shall be modified so as to be consistent with this Resolution. Resolution No. 2015-64 Page 2 of 2 Adopted this 11th day of August, 2015. E ward D. Selich Mayor ATTEST: Q a Leilani 1: Brown City Clerk PORT O� �m u x cgtrcoR`' Attachment A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or "Association"), 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. Association representatives and City representatives have reached a tentative agreement on July 14, 2015 as to wages, hours and other terms and conditions of employment for the period from July 1, 2014 through June 30, 2017 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers- Milias-Brown Act and Resolution 2001-50. 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/Employee Relations Resolution No. 2001-50, the City acknowledges that the Association 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 of Lifeguard 1, Il, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association. Recognition is limited to employees who are active employees ("Active Employee") with job titles of Lifeguard 1, ll, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and have worked 240 cumulative hours by April 15 of the calendar year. An Active Employee is an individual who has completed the Fire Department's re- certification class with the expectation of working the minimum hours required under Section 3, B (Work Hours Standards). All other employees are excluded. 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, 2014. This MOU shall remain in full force and effect until June 30, 2017, and the provisions of this MOU shall continue after the expiration date of this MOU in the event the parties are meeting and conferring on a successor MOU. Negotiations for a successor agreement shall commence in March 2017. 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 April, the City shall provide Association a regular list of all unit members including name, contact info (including e-mail) and job title. For those members who specifically ask that their personal information not be given out, email contact information only will be provided. 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 contained 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 2 ANBOL MOU 2014-2017 governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. G. Subcontracting As provided in the Employer-Employee Relations Resolution No. 2001-50, the City shall determine the manner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work, a minimum of sixty (60) days prior to contracting out such services. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. SECTION 2. — Compensation A. Pay for Time Worked 1. Salary Adiustments There shall be no salary adjustments for employees in the job classification Lifeguard/// during the term of this MOU. Effective the pay period including July 1, 2015, base salaries for employees in job classifications Lifeguard l and Lifeguard It shall be increased 2.0%. Effective the pay period including July 1, 2016, base salaries for employees in job classifications Lifeguard I and Lifeguard lI shall be increased by 1.0%. Effective the pay period including June 30, 2017, base salaries for employees in job classifications Lifeguard I and Lifeguard It shall be increased by 1.0%. 2. Bi-Linqual Pav Employees certified as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. Effective upon MOU adoption, bilingual pay shall be increased to seventy-five cents ($.75) per hour. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified 3 ANBOL MOU 2014-2017 shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 3. EMT Pay Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMS policy shall be eligible to receive one dollar ($1.00) per hour worked in "EMT Pay." It is the employee's responsibility to have their current EMT Certification on file. Employees certified shall receive EMT Pay the first full pay period following certification. 4. 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 Fire Chief and approved by the City Manager, which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. 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. Compensation - Normal overtime for all non-exempt employees shall be paid at one-and-one-half (1-1/2) times the employee's regular rate of pay. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. 5. Temporary Upgrading of Employees Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his/her regular classification. Employees temporarily assigned to Lifeguard 11 or Lifeguard III job classifications shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in the higher classification, with a minimum of one hour required to receive the differential. Effective upon adoption of this 2014-17 MOU, Temporary Upgrade pay (referred to as "Move Up Pay") will be eliminated. 6. Addition of 4th Step Effective upon MOU adoption, a fourth pay step, set 5% above step 3, shall be added to the Lifeguard l and Lifeguard it classifications. 4 ANBOL MOU 2014-2017 7. Assignment Pay Effective upon MOU adoption, the City shall create a new Assignment Pay for employees in Lifeguard li and 111 classifications who work in one of the assignments listed below. Employees shall be eligible for 7.5% Assignment Pay when performing the assigned duties (minimum of one hour worked in the assignment to be eligible). Eligibility for employees in Lifeguard 111 positions to receive Assignment Pay will sunset at the expiration of the MOU. Determination of the number and length of assignments shall be at the discretion of the City. • Junior Guard Group Leader • Dispatcher • Boat Operator Concurrent with creation of Assignment Pay, the Lifeguard 111 classification will be phased-out over time. Employees classified as Lifeguard Ill at adoption of this 2014-17 MOU will remain "grandfathered" in the classification. SECTION 3. - Work Hours and Staffing A. Staffing Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing. Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the phone number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. B. Work Hours Standards The City and Association have agreed to establish minimum hours standards for members to retain active and reserve status. Effective January 1, 2016, ANBOL employees will be required to work the following minimum hours each year. 5 ANBOL MOU 2014-2017 Total Hours Worked Hours Required to (Career Total) Work Per Year 0 - 1,999 96 2,000 - 4,499 76 4,500+ 56 Current employees (as of MOU adoption) with ten (10) or more years of City service will be grandfathered at the 56 hour minimum standard, regardless of whether the employee has achieved 4,500 career hours. SECTION 4. — Fringe Benefits A. Equipment Allotment Represented employees in the Association shall be paid Two Hundred ($200) Dollars, annually, towards the purchase of UVA/UVB compliant sunglasses, sweat pants, full brimmed or ball cap style hat, equipment carrying bag, water proof watch and replacement and/or repair of any work-related equipment. This payment will be made by the first full pay period in July of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. Employees not meeting the work hour standards described in Section 3, B above will be ineligible to receive the Equipment Allotment the following season. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as- needed basis. C. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. D. Binoculars Represented employees shall be provided a pair of binoculars in accordance with the Fire Department's Standard Operating Procedures. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the 6 ANBOL MOU 2014-2017 Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. Upon separation from the Fire Department, employee shall return the binoculars to their supervisor unless a purchasing agreement is made at time of separation. E. Other Equipment One pair of uniform trunks and two uniform shirts, each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. F. Parking Passes Represented employees will be provided one parking pass that does the following: • Allows "blue pole" parking year around. • Allows "all meter" parking June 15 to September 30. G. Identification Card Upon request, represented employees who desire an Identification (ID) Card shall be provided with an official wallet-sized City of Newport Beach identification card. H. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits/privileges. 1. PERS Contribution The following provisions apply only to unit members enrolled in the Public Employees Retirement System (PERS) as Safety members, consistent with the City's contract with PERS: Tiers I & ll: Employees shall pay the full 9% "safety member" contribution of PERS reportable earnings and the Employer Paid Member Contribution will be 0%. This payment will be made on a pre-tax basis through payroll deduction pursuant to IRS Code Section 414(h)(2). This contribution will not be considered as part of employee's "compensation earnable" under Government Code section 20636. Effective July 1, 2015, in addition to the 9% normal member contribution, employees will contribute an additional 1.6% of pensionable compensation 7 ANBOL MOU 2014-2017 toward retirement costs as permitted under Government Code §20516(0, for a total contribution of 10.6%. Effective July 1, 2016, in addition to the 9% normal member contribution, employees will contribute an additional 3,1% of pensionable compensation toward retirement costs as permitted under Government Code §20516(0, for a total contribution of 12.1%. Effective June 30, 2017 in addition to the 9% normal member contribution, employees will contribute an additional 4.6% of pensionable compensation toward retirement costs as permitted under Government Code §20516(0, for a total contribution of 13.6%. Tier tll: The minimum employee contribution for employees in Tier 111 is subject to the provisions of the Public Employees' Pension Reform Act (PEPRA) and equals 50% of the "total normal cost"as determined by PERS. Effective July 1, 2015 Tier 111 members will contribute the required 11.25% member contribution. Effective July 1, 2016, Tier 111 employees will, in addition to the mandatory employee contribution under PEPRA, contribute an additional .85% of pensionable compensation toward retirement costs as permitted under Government Code §20516(f), for a total contribution of 12.1%. Effective June 30, 2017 employees will, in addition to the mandatory employee contribution under PEPRA, contribute an additional 2.35% of pensionable compensation toward retirement costs as permitted under Government Code §20516(0, for a total contribution of 13.6%. Should the mandatory contribution under PEPRA increase or decrease in 2016 and/or 2017, the additional employee contribution under 205016(1) will adjust accordingly so that the total contribution is equal to the amount contributed by employees in Tiers I and lt. J. Paid Sick Leave Under California's Healthy Workplaces, Healthy Families Act ANBOL employees are eligible to receive Paid Sick Leave effective July 1, 2015. The rate of accrual shalt be .034 hour for every hour worked (which equals 1 hour of Paid Sick Leave for every 30 hours worked), with a maximum accrual of 48 hours. Once the 48 hours cap is reached no additional Leave will accrue in the Paid Sick Leave bank. At the conclusion of each season (during the month of September) ANBOL members will be permitted to cash out Paid Sick Leave time remaining in their bank at the value of 50%. The minimum permitted to be cashed out is 1 hour and there is no maximum (all Leave time can be converted to cash at 50% value). 8 ANBOL MOU 2014-2017 SECTION 5. - Miscellaneous A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Fire Chief, or his/her designee, within ten (10) calendar days of the disciplinary action. The Fire Chief or designee will meet with the employee and a representative of their choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager or the City Manager's designee. The City Manager or designee will meet with the employee and their representative. Within ten (10) calendar days, the City Manager or designee shall issue his/her decision. The decision of the City Manager or designee shall be final. This is the only City appeal procedure for the term of this agreement. B. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. C. Work Access ANBOL representatives shall have access to employees in the workplace through an ANBOL dedicated bulletin board in lifeguard headquarters. ANBOL representatives shall be allowed 10 minutes at the beginning of class to address employees at every Lifeguard Recertification course. D. Leave of Absence Employees requesting a Leave of Absence for a summer season must do so by submitting the request in writing, as provided in the Fire Department Standard Operating Procedure. Leaves of absence will only be permitted once within a five year period. E. Safety Committee One ANBOL representative selected by the Association shall participate as a member of the Fire Department's Safety Committee, at the Association's option. Signatures on the following page. 9 ANBOL MOU 2014-2017 Executed this day of 2015. ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS Chris Graham, President CITY OF NEWPORT BEACH By: Edward D. Selich, Mayor ATTEST: By: Leilani Brown, City Clerk APPROVED AS TO FORM: Aaron C. Harp, City Attorney 3)V 10 ANBOL MOU 2094-2017 Exhlblt A Association of Newport Beach Ocean Lifeguards Represented Classifications and Pay Rate Adjustments July 1, 2014 through June 30, 2017 Represented Glassiticatioh Hourly Pay Rate Minimum aximum Effective July 1,2015(2%adjustment for LG I &11) Lifeguard 1 $17.44 $19.23 Lifeguard Il $19.23 $21.19 Lifeguard 111 $20.97 $23.14 Effective following MOU Adoption (added step for LG I &LG Il): Lifeguard 1 $17.44 $20.19 Lifeguard 11 $19.23 $22.25 Lifeguard Ili $20.97 $23.14 Effective July 1,2016(1%adjustment for LG I &II) Lifeguard 1 $17.61 $20.39 Lifeguard II $19.42 $22.47 Lifeguard 111 $20.97 $23.14 Effective July 1,2017(1%adjustment for LG I &II) Lifeguard 1 $17.79 $20.59 Lifeguard 11 $19.60 $22.69 Lifeguard [if $20.97 $23.14 8/11J15 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2015-64 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of August, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of August, 2015. 4y"P City Clerk Newport Beach, California (Seal) , s.