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HomeMy WebLinkAbout31- Human Resources =CI1'�Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: EDWARD S. RAYA Subject: APPROVE SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING Dept: HUMAN RESOURCES BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN TH Date: AUGUST 28, 1998 ORIGINAL III,COMPENSATION�SEc-n6N 66,,CALL BACK/STANDBY ASSIGNMENT&PAY Synopsis of Previous Council Action: On February 4, 1998, the Mayor and Common Council approved a new Memorandum of Understanding between the City and the General Unit Employees. Recommended Motion: 1. Amend Article III, Compensation, Section 6, Call-Back/Standby Assignment & Pay to pay General Unit employees for time worked on standby status at the overtime rate of time-and-one-half, effective October 1, 1998. ±� &- , SigWature Contact person: Edward S. Raya Phone: 384-5161 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $1.410 Per Year Source: (Acct. No.) Various Departments (Acct. De tiop) Finance: Council Notes: Agenda Item No. 31 -CITY OF. SALT BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT BACKGROUND On February 4, 1998, the Mayor and Common Council approved a new Memorandum of Understanding between the City and the General Unit Employees. In order to reach agreement on a new contract, the City agreed to begin to meet and confer with the General Unit on the issue of Animal Control Officers receiving extra "inconvenience compensation" for pager calls received while on standby. The City Team held three meet and confer sessions with the San Bernardino Public Employees' Association. We were at a standstill. In order to close this issue and maintain equity among all General Unit employees, the City Team proposed to pay all General Unit employees on standby status for time worked at time-and-one-half, effective October 1, 1998. The union agreed to this proposal. This proposal would provide for all General Unit full-time employees to be paid at time-and-one- half while on standby, even if they do not work a 40-hour work week, i.e., sick, vacation or holiday time off. The minimum requirements under the Fair Labor Standards Act (FLSA) are that if an employee does not work a full 40-hours in a week, any overtime is paid at straight time, until such time as the employee exceeds 40 hours. COSTING It is estimated that the total hours paid on standby time by the effected departments averages about 2,000 hours per year. Of those 2,000 hours, the departments average less than 10 percent (200 hours) of these hours, which is currently paid at straight time. This proposal will result in those 200 hours being paid at time-and-one-half regardless of whether or not employee has worked a full 40-hour work week, i.e., sick, vacation or holiday time off. Using the average general unit hourly rate or $14.09 per hour for those affected employees, it is estimate that this proposal will result in an additional total cost to the City of approximately $1,410 per year. This cost will be absorbed by these departments as part of their existing budgets. RECOMMENDATION 1. Amend Article III, Compensation, Section 6, Call-Back/Standby Assignment & Pay to pay General Unit employees for time worked on standby status at the overtime rate of time-and-one-half, effective October 1, 1998. Attachments: Resolution and Side Letter I I OUT 1 RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF 4 SAN BERNARDINO AND EMPLOYEES IN THE GENERAL UNIT REPRESENTED BY THE SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION, AMENDING ARTICLE 5 M, COMPENSATION, SECTION 6, CALL-BACK/STANDBY ASSIGNMENT & PAY. 6 7 WHEREAS the Mayor and Common Council approved Resolution No. 98-28, 8 implementing a Memorandum of Undemanding between the City of San Bernardino and 9 Employees in the General Employees' Bargaining Unit of the City of San Bernardino represented 10 by San Bernardino Public Employees' Association. 11 WHEREAS the agreement made and entered into by and between City of San Bernardino 12 13 and representatives of San Bernardino Public Employees' Association included as one of its • 14 objectives, to begin to meet and confer with the General Unit on the issue of Animal Control 15 Officers receiving extra"inconvenience compensation" for pager calls received while on standby. 16 1 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 17 SAN BERNARDINO AS FOLLOWS: 18 SECTION 1: The Mayor and Director of Human Resources are hereby authorized and 19 directed to execute on behalf of said City a Side Letter to: amend Article III, Compensation, 20 Section 6, Call-Back/Standby Assignment &Pay, for General Unit employees, a copy of which 21 amendment is attached hereto and incorporated herein marked Exhibit A. 22 23 24 25 26 27 1 28 J 98-272 SIDE LETTER TO GENERAL UNIT EMPLOYEES' MEMORANDUM OF UNDERSTANDING This exhibit sets forth the agreement made on August 19, 1998, between the City and the San Bernardino Public Employees' Association, relative to: Article IL Co on_ Section 6. Call-Back/Sa as y Aggjginnwt & Pay: To amend language relative to all General Unit employees on standby pay to reflect: 'The hours described above will be heated as time worked and paid at the rate of time-and-one-half. This amount will be paid in addition to compensation for actual time worked when the employee is called to work from standby status. The time worked shall be paid at the rate-of time-and-one-half, effective October 1, 1998." DATE: ATTEST: CqTY CLERK FOR THE CITY: Representatives of SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION JUD ALLES, MAYOR EXHEBIT A J /CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: September 22, 1998 TO: Ed Raya, Director of Human Resources FROM: Rachel Clark, City Clerk by Melanie Miller, Senior Secretary RE: Transmittal for signature— Res 98-272 Documents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is the following: One (1) original side letter to MOU. Please obtain signatures where needed. Please return the executed original to the City Clerk's office as soon as possible, to my attention. If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you. Rachel Clark City Clerk By: Melanie Miller I hereby acknowledge receipt of the above mentioned documents. Signed: Date: RC:mam