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HomeMy WebLinkAbout10080 - NB Ocean Lifeguard Association MOUs w h t RESOLUTION NO. 10080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE MEMORANDUM OF UNDERSTANDING NEGOTIATED BY REPRESENTATIVES OF THE NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION AND THE CITY'S 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 Ocean Lifeguard Association 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 Ocean Lifeguard 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 Ocean Lifeguard Association, 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 of Newport Beach, effective July 1, 1981. ADOPTED this 22nd day of June, 1981. Ap ATT STn City Clerk RHB /pr 6/22/81 i MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH OCEAN LIFEGUARD AS 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 Ocean Lifeguard Association (hereinafter called "NBOLA ") and shall apply to all classifications set forth in Appendix "A" attached hereto and by this reference made a part hereof. The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith be- tween NEWPORT BEACH and NBOLA. NBOLA 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 term:; and conditions of this Memorandum so incorporated shall become effective without further action by either party. -1- 8 i it I NBOLA IRecoanit:ion NEWPORT BEACH her, of NBOLA as the recognized employees in-the Lifeguard and otherwise deal exclusi, within the scope and repre employees as authorized by by confirms its prior certification employee: organization for the unit, and agrees to meet and confer ely with NBOLA on all matters entation pertaining to the said law. NBOLA agrees that during the life of this Memorandum it will not appear before he City Council or any other legislative body on any matter within the scope of the meet :equired and confer process unless i under a subpoena, or by law, or by agreement with NEWPORT BEACH. CLE II s and NEWPORT BEACH and NBOLA agree to the salary schedule for the various classifications as set forth in Appendix "A" to become effective July 1, 1981. CLE I1*1 t: Effective July 1, 1981, the City agrees to pay one -half (4..5 %) of each "Safety Member" PERS Contribution Rate to the Public Employees Retirement Systen (PERS)., Newport Beach and NBOLA agree, that the payment of one -half of each "Safety Member" PE FS Contribution Rate is in response to requests by NBOLA to do so, and further agree it will result in greater economic benefit t members than a corresponding salary in- crease. -2- ARTICLE IV Medical NEWPORT BEACH agrees to increase the Prudential Health Insurance Major Medical maximum coverage benefit from Two Hundred and Fifty Thousand Dollars ($250,000) to unlimited. ARTICLE V Continuation of Existing Benefits All employees in the classifications as set forth in Appendix "A" 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 Represen- tative of NEWPORT BEACH will not recommend any revision or modifica- tion to such conditions or benefits which apply to employees in the classifications as set forth in Appendix "A" without the mutual agreement of NBOLA. ARTICLE VI 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 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. -3- • ARTICLE VII Duration The terms of this Memorandum are to remain in full force and effect from July 1, 1981, until the 30th day of June, 1982, 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 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 as of July 1, 1981. ARTICLE VIII Severability 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 invalidation of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. -4- r� ARTICLE IX Non - Discrimination NEWPORT BEACH and NBOLA agree that there will be no discrimination by either party or :by any of their agents against any employee because of his /her membership or non - membership in NBOLA, or because of his /her race, creed, color, national origin, religious belief, political affiliation, sex or age. EXECUTED this day of , 1981, at Newport Beach, California CITY OF NEWPORT BEACH By LORENZO MOTA Personnel Director City Representative By GEORGE PAPPAS Finance Director City Representative APPROVED AS TO FORM: ROBERT H. BURNHAM Assistant City Attorney 8 -5- NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION By STEVE WIGELY By RAY GARVER +a 8 APPENDIX "A" Salary Range 60.012 - 64.012 56.032 - 60.032 53.024 - 57.024 56.032 - 60.032 Approx. Mo. Salary 2,189 Classification 1,836 Marine Safety Capt. 1,574 Marine Safety Lt. 1,836 Marine Safety Offr. Boat Lieutenant 8 APPENDIX "A" Salary Range 60.012 - 64.012 56.032 - 60.032 53.024 - 57.024 56.032 - 60.032 Approx. Mo. Salary 2,189 - 2,661 1,836 - 2,232 1,574 - 1,913 1,836 - 2,232