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HomeMy WebLinkAbout53-City Administrator ..... - I' "--' .../ C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8709-613 TO: Department and Division Heads FROM: Raymond D. Schweitzer, City Administrator SUBJECT: General Employees Impasse DATE: September 15, 1987 (7198) COPIES: Mayor wilcox ------------------------------------------------------------- Enclosed are the positions of AFSCME, Local 122 and the City. After consultation with the City Attorney, I would encourage you to share this information with the General employees, your division heads and section heads in order that they may be fully informed as to the City'S offer and that of Local 122. Should you have any questions that enclosed material, please feel free Roger DeFratis. not answered in the call me directly or RDSjdjn Enclosure :J S3. c - ,,/ 1 ,~j CITY OF SAN BERNARDINO CURRENT ONE YEAR CONTRACT PROPOSAL TO AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 122 - GENERAL EMPLOYEES UNIT General Waae Adiustment Increase all wages by 4.0% effective January 1, 1988. Holidavs Add Martin Luther King Day effective January 18, 1988. citv Contribution to Emplovee Health Insurance - Increase the City's contribution on behalf of employees by $20 effective January 1, 1988. Salarv Survev Implementation - 1. Implement the recommended changes in salary ranges by placing employees on the step in the new range that gives them a salary increase. 2. Place a one year moratorium on all step increases from the effective date of the implementa- tion of the salary survey. 3. All employees must serve 12 months on a step, including steps 1 and 2 to be eligible for a step increase regardless of the provisions of Resolution No. 64-13. Lona Term Disabilitv - Make available for all eligible general unit employees participation in a long term disability insurance plan. Employees shall pay the cost of the LTD insurance and may use unused City insurance contributions to pay for LTD insurance. RESPONSE TO UNION PROPOSALS TO MODIFY CERTAIN CONTRACT ARTICLES Article 6 - Pavroll Deduction for Union Dues - The City is unwilling to agree to the Union's proposal that the payment of union dues or a service fee be required as a condition of employment. Article 8 - PERS - The City is willing to agree to the Union's proposal to include a provision in its retirement plan which bases the employee's retirement in part on the employee's highest paid 12 months. c ,- "'- , ./ Article 9 - Overtime - The city is unwilling to agree to the Union's proposal to add to the circumstances in which an employee will be eligible for overtime compensation. Article 18 - Funeral Leave - The City is unwilling to agree to the Union's proposal to reinstitute funeral leave since the Union agreed to remove funeral leave from the contract in the last contract. Article 24 - Uniforms and Rain Gear - The city is unwilling to agree to the Union's proposal to increase allowances for uniforms and rain gear. CITY PROPOSALS TO MODIFY CERTAIN ARTICLES AND OTHER PROPOSALS Article 6 - Pavroll Deductions For Union Dues - Add to the second paragraph: "The dues deduction procedure provided for in this Article shall cease when less than fifty percent (50%) of eligible unit members choose to pay dues to the Union through the dues deduction procedure." Article 9 - Overtime - The City is willing to leave this ArticRe unchanged. Article 12 - Hiqher Actinq Classification Pav - The City proposes that Article 12 be modified as follows: "Upon approval by the City Administrator, a Department/Division Head may assign or reassign a qualified employee within the bargaining unit to discharge the duties of a higher classifi- cation when a position is vacant, or in the absence of the incumbent." Acting duty pay shall begin on the 6th consecutive day of the acting duty assignment. No acting duty pay will be paid for the first 5 days of the acting duty assignment. An employee assigned to work in a Acting Higher Classification shall receive at least 5% above his/her current base rate of pay. Refuse employees assigned to work in a vacation relief capacity shall not be entitled to higher acting classification payor credit towards the initial work-demonstration period. Other practices pertaining to this Article will continue in effect. -2- 870825 pf A121.CJW 1 . c r' '-' 'J ". , "",, The City will not circumvent the intent of this Article by using various employees to thwart the intent of this Article. Article 29 - Polvqraph - The City is willing to leave the language in this Article unmodified. Article 31 - senioritv - The City is willing to leave the language in this Article unmodified. Article 33 - Grievance Procedure - The City prop~ses that Article 33 be modified as follows: Amend the first sentence in this Article as follows: "Definition of employee grievance: A grievance is an alleged violation of the express terms of this M.O.U." Delete section B(2). Eliminates Director of Personnel from the grievance procedure. Article 34 - Union Representation - The city proposes that Article 34 be modified as follows: "As of July 1, 1987, a maximum of eleven stewards may be recog- nized in the General unit. Stewards are assigned as follows and must be an employee of the designated department." Stewards #1 and #2 Steward #3 Stewards #4 and #5 Steward #6 Stewards #7 and #8 Steward #9 Steward #10 Steward #11 - City Hall - Animal Control, Cemetery - Police and Fire - streets (non-City Hall) - Parks/Recreation/Community services - Engineering including city Hall Engineering - Public Buildings/Parking Control - Refuse (non-city Hall) Delete all references to stewards being involved in grievances in any areas(s) except those in which stewards are assigned. Article 36 - Skellev Riqhts - "Disciplinary suspension of one day or less shall not be subject to the procedures contained in this Article and shall not be appealable to the city's civil Service Board. " The City would be willing to withdraw this proposal if the Union withdraws its proposal regarding "L days which states; "L days are not recognized as an improper disciplinary measure". -3- 870825 pf A121.CJW 1 c r' \-".......- '-'" --..-;- Article 39 - Safetv Committee - Amend the first paragraph as follows: "There is established an Employee Safety and Accident Review Board and Safety Committee ("Safety Committee") in which the General Unit has membership. The Union shall select three members of the Employee Safety Committee. Union members must be from different departments, the Union President may serve on both Committees, however, no other member of either Committee may be from the same department as the Union President. Members of the Safety Committee shall not serve on the City-Union Labor Manage- ment Committee. The Safety Committee will review all recordable accidents (both City equipment and personal injury of City employee) and make recommendations to the proper appointing authority for all corrective actions in establishing better job safety." Finaerorintina - The City will withdraw the following finger- printing proposal if the Union withdraws its sick leave pay back proposal. "An employee who was not fingerprinted when hired and who has been promoted or transferred shall be fingerprinted as part of the promotional or transfer process." Substance Abuse - The City proposes that the following proposal regarding substance abuse be added to the contract. "It is the responsibility of all affected employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. The City, Union and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers. It is in the best interest of the City, the Union, affected employees and the public to ensure that affected employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe working environment, poor morale and increased potential liability to the city. Under the influence of drugs or alcohol means the use of any illegal substances or misuse of a prescribed drug or alcohol in a manner and to degree that impairs the employee's work performance or the ability to use City property or equipment safely. The City will pay for a counseling service for the employees who voluntarily seek assistance through the City for drugs and/or -4- 870825 pf A121.CJW 1 c c ,-.. v ~ alcohol problems. The City shall determine the nature, cost and scope of City-paid counseling. The City and the Union agree that every effort shall be made by the City and the Union to refer employees who have such problems to this counseling service for assistance. Employees who fail to complete and/or attend counseling programs are subject to termination. The City may compel an employee who is under the influence of drugs or alcohol to submit to a physical examination by a City selected physician on city time and at the City's expense. An employee may be terminated for being under the influence of drugs and/or alcohol during work hours. Article 44 - Duration of Aareement - Modify as follows: "This Memorandum of Understanding will become effective on and shall expire on " Article 47 - Notice to Intent to Reopen "The parties agree that, if either party desires to propose changes in the terms or conditions of this M.O.U. for the period following expiration of this M.O.U., notice shall be given to the other not later than the last working day of , that such discussions are desired. Such notice shall request a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party." -5- 870825 pf A121.CJW 1 c BARGAINING DEMAND 1. (a) Salary Study Implemen- tation r.... .......... ......... -- GENERAL UNIT - IMPASSE STATUS CURRENT MOU CITY POSITION AFSCME POSITION Step to X, without moritorium on step in- crease and new first step not used on implementation. Retro pay to July 87.. Cost: $838,000 .) COST DIFFERENCE $426,000 (b) Special adjustments in March 1988 N/A Step to X, with 12 mo. moritorium on step in- creases. No retro pay. Create new first step. Cost: $412,000 For Refuse Workers I, II &. III Cost: $64,000 $64,000 2.Cost of Living Increase N/A No 5.5% Retro to July 1987 Cost: $781,000 $497,000 3.PERS Contri- bution N/A 4% Jan 1988 Cost: $284,000 +2% (Total of 4\) Retro to July 1987 Cost: $240,000 $240,000 4. Health Insurance 2% City Paid No additional PERS 100% of 1 &. 2 80% of fam cov. Cost: $397,000 $260,000 5. Life Insurance $80/$135/mo $1001 $l55/mo eff. 1-88 Cost: $136,800 Increase City Paid Benefit to $10,000 Cost: $14,700 $14,700 6. Disability Insurance $5,000 City Paid No Additional Insurance City to. pay Employee pre- mium Cost: $171,000 $171,000 None Employee pay premium of City group plan (Continued) , c 7. Agency Shop NIA r~ '-' ,.....", '-" All employees must pay dues or charity as a condition of employment ~ J Increased admini- strative cost. 8. Overtime $123,000 FLSA com- pliance after 40 hrs of actual work per week No agency shop No change After 8 hrslday and 40 hrslweek of paid time (includes holi- days & vacation) Cost: $123,000 9. Funeral Leave This benefit ended 6/30/87 based on agreement of City & Union in expired M.O.U. No reinstate- ment of Funeral leave. Reinstate this benefit Cost: $47,000 $47,000 10. Uniform Allowance Provides uniforms or allowance to certain em- ployees No change to current practice Increase allowance by $50/yr and pro- vide uniforms to more em- ployees Cost: $24,000 $24,000 11. Grievance Procedure Provides for review at 4 stages Remove the Director of Personnel from review process Allow for ap- peal to the Council, re- quire a hearing by City Adminis- trator, imple- ment bindinq arbitration Significant increase in adminis- trative cost (Continued) . c 12. Ste...:.rds Provide for stewards to investigate complaints on City time r-- ~ ,...'" V Allow any steward to investigate any complaint on City time. Pay for griev- ant's time also. ~ Loss of work time 13. Safety/L-M Committees Any represen- tative can be on both com- mittees which meets once a month. Designate certain union selected stew- ards to handle grievances with- in certain depart- ments. Require different union selected representatives to comprise committees. Require regular and definite meeting schedule' with no restrictions on represen- tatives. Loss of work time 14. "L. Days Not addressed to last MOU "L" Days not to considered dis- c iplinary "L" Days con- sidered as disciplinary action, subject to appeal. Increase admini- strative work load 15. Sick Leave "Payback · (during term. of employment) NIA No change to current practice of sick leave pay- off at retirement. Require sick leave payoff for all term- inations. Cost: $35,000 $35,000 16. Substance Abuse NIA Provides for management to direct employee to the Employee Assistance Program Meet & Confer (Reopener) 1/88 o 17. Length of Contract 2 years 3 years preferred 1 year o (Cont inued) , c lB. "Acting" Pay After first 20 day demo period c ,..."' V :J No change Procedural change only After 5 days demo period for each assignment 19. Finger- printing Only at initial employment since 1/B7 Fingerprinting required on promotions and transfers No change o TOTAL: $B23,BOO TOTAL: $2,734,700 DIFFERENCE: $1,901,900 ~ ~ L- /"'...... .:) , J '-' TENTATIVE AGREEMENT HAS BEEN REACHED ON THE FOLLOWING ISSUES ISSUE 1. Dr. Martin L. King Holiday 2. Contract Printing CURRENT No holiday authorized presently Shared SO/50 by City , Union, distributed by Union 6 mo. probationary period Paid witness leave under subpoena Paid up to a maximum with pre-approval Paid on approval by Department Head Effective on Anniversary Date PROPOSED COST $50,000 Dependent on contract closure, City to authorize M.L.K holiday Dependent on contract closure, City to pay printing and distribute book- lets. $300 3. Probationary Period Dependent on contract closure, probationary period to increase for new employees of certain departments o 4. Witness Leave Dependent on contract closure, verify subpoena with City o 5. Educational Reimbursement Dependent on contract closure, modify the approval procedure o 6. Vacation Dependent on contract closure, add condition of pre-approval within 5 days of request o 7. Step Increase Effective Date Dependent on contract closure, effective on first day of next payroll period Minor savings ". i"""T%. ,. r"" H . "q; '" '!:.i~~~=",~~' L....u-..J.f..-~ r~TE. CO~ hNICIPIL EMPLOYEES, u?-ao 0-' ~ '-.,d I. L \J\..J ~.5 ~___,' 3932 WIlSHIRE BLVD., SUITE '01. LOS ANGELES, CAliFORNIA 10010. PHoNE: (2131 ~7941 August 19, 1987 Coleman walsh Richards, Watson, Dreyfuss & Gersham 333 South Hope Street - 38th floor Los Angeles, California 90071 Dear Mr. Walsh: Pursuant to Resolution 10584, AFSCME Local 122 requests an impasse meeting. Local 122 has submitted its final offer. The City's negotiating team made a proposal on August 18, 1987. After submitting two alterations to its final proposal, Local 122 asked whether the City had any movement to make. The City responded in the negative. Local 122 declared impasse. A statement of our position on all disputed issues is enclosed. ?~-~ Ed Lehman AFSCME Representative EL/sk opeiu 30. afl-cio clc ',. c ( '-' ...""\ ....,J ,) AFSCME Local 122 Final Offer August 18, 1987 1) Salary Survey Implementation: (a) "Step to X" if no moratorium on step increases and if current employees are not placed on step A of the new range unless the employee is moving step to step. (b) Refuse Workers I, II and III to have a salary adjust- ment in March, 1988 when Local 122 presents evidence of Ontario's implementation of adjustments in January 1988. 2) Cost of Living Adjustments = 5.5' Effective July 1, 1987 3) PERS = an additional 2' Effective July 1, 1987 4) Health Insurance = City to pay 80'of employee plus family coverage, 100' for others. Effective July 1, 1987 5) Life Insurance to be increased to $10,000. 6) City paid Long Term Disability Insurance, 7) Article 6 - Agency Shop "Each permanent employee in this unit (who is not on a leave of absence) shall, as a condition of employment, become a member of Local 122, or pay the Union a service fee in the amount specified by Local 122, not to exceed the amount of union dues. This provision to be effective on January 1, 1988. Non-member employees who do not wish the service fee to be sent to Local 122 may opt to have the fee donated to the City's General Fund or the United Way. Such option must be exercised no later than November 30, 1987. All new employees shall have 30 days after completion of probation to make this option," 8) Overtime Amend 1st paragraph to. "All employees in the General Unit (exempt as well as non exempt) will receive overtime based on the minimum requirements of the Fair Labor Standards Act except where the parties agree to enhancements. For purposes of this Article, overtime work means work in excess of forty (40) hours within seven (7) consecutive _....--~..-......--..-------...-....,..,...~..-..........,--_.-......._----- " c '- ,# ,J days or eight (8) hours in anyone day. Overtime shall be paid at the rate of one and one-half times his/her regular rate of pay. With the exception of jury duty, vacations and holidays, hours not worked, regardless of whether the employee is in an excused time-off or time-off with pay status, shall not count toward the first forty hours in a week or eight hours in a day." 9) Funeral Leave - Delete last two sentences of current MOU Article 18. 10) Uniform Allowance - Increase $50. 11) Article 33 - Grievance Procedure Amend 2nd sentence of 2nd paragraph to: "If this proves unsatisfactory, the grievance can be formally presented in succession to a higher supervisor than the Division and/ or Department Head, the Personnel Director and the City Administrator. Section A - Change "he/she" to "the employee." Change". .the designated Union representative. ." to " .the employee's designated Union representative." (This change to be made in subsequent references as well). Section B (1) - Change last phrase of last sentence from: " .to the employee within 5 working days after the meeting." to" .to the employee and the employee's designated Union representative within 5 working days after the meeting." Section B (3) - Change "The City Administrator or his/her designated representative may meet. ." to "The City Administrator or his/her designated representative shall meet. .. Section B (4) - Change references of advisory arbitration to binding arbitration. Add "If the parties can not agree upon an impasse procedure, the Union may proceed to binding arbitration." 12) Article 34 Amend first two sentences to: "When requested by an employee, a steward may investigate any alleged or actual grievance, civil service or other job-related administrative appeal, in the jurisdiction to which a steward has been assigned, or elsewhere in the City if specifically requested by a grievant, and assist in its ~ , ~ ~ ~ . ~. presentation. The employee and the steward shall be allowed reasonable time durinq their workinq hours for such purposes, without loss of time or pay upon notification to and with the approval of their immediate supervisors and concurrence by !~eiE Division or Department Head. Approval to investigate or process any such matter will not be unreasonably withheld." 13) Safety Committee - Add a reqular and definite schedule for committee meetinqs. 14) "L" days are recoqnized as an improper disciplinary measure. 15) Local 122 seeks a unused sick leave payback article. 16) Substance Abuse - Meet and confer in January, 1988. All contrary and outstandinq City proposals are rejected.