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HomeMy WebLinkAbout25- Personnel CITY OF SAN BERN IDINO - REQUEST FO"l COUNCIL ACTION BARBARA DILLON MID-MANAGEMENT EMPLOYEES' Frum: Subject: NEGOTIATIONS - IMPASSE Dept: PERSONNEL HEARING Date: SEPTEMBER 9, 1993 Synopsis of Previous Council action: 7/12/93 Mayor and Common Council (closed session). 7/19/93 Mayor and Common Council (closed session). 8116/93 Mayor and Common Council (closed session). Recommended motion: That the hearing be closed; and that the contract be imposed in accordance with the City' s Last , Best and Final Offer. Signature Barbara Dillon Phone: 384-5161 Contact person: es Ward: Supporting data attached: N/A FUNDING REQUIREMENTS: Amount: Source: Acct. No. Acct. Descri tion Finance: Council Notes: r Agenda Item No la OPITY OF SAN BERN RDINO - REQUEST F�R COUNCIL ACTION STAFF REPORT Introduction On December 31, 1992, the contract with the Mid-Management Employees expired. Their previous contract was one year, from January 1 to December 31, 1992. Under that contract, the Mid-Management Employees received compensation and benefits, including, but not limited to: • City contribution towards employee health premiums of$348.82/month (the rate equivalent to the Kaiser premium and the Mission Dental high option plans, for the employee plus one dependent.) • 50% of Long-Term Disability (LTD) insurance premium. • Shift differential pay of 35C/hour for "swing" shift (4:00 PM-Midnight) and 45C/hour for "graveyard" shift (Midnight-8:00 AM). The Mid-Management Employees last received a 4% across-the-board salary increase, effective July 1, 1991, plus salary increases of 2-22% resulting from implementing a salary survey in January and July 1991, for a total of$424,422. Status of Negotiations On August 12, 1993, after 10 negotiations sessions, the City Team declared impasse. An impasse meeting was held on September 2, 1993. Option (B) of the impasse procedures from Resolution No. 10584 is being followed: (B) A DETERMINATION BY THE MAYOR AND COMMON COUNCIL, after a hearing on the merits of the dispute. The Mayor and Common Council have set 10:00 A.M. , Tuesday, September 20, 1993 as the time for an impasse hearing. Highlights of City Team Proposal ................................... Atta `1' summarizes Economic Items in the City Team's proposal. The City Team proposes a net reduction of$61,452, by cutting back on the City contribution to PERS. A � .l is the City Team's Last, Best and Final Proposal. Page 2 of 13 75-0264 i s Key Issues Prior to August 12, 1993, the City Team and the San Bernardino Public Employees' Association (SBPEA) reached tentative agreement on four (4) items: wages; a portion of fringe benefits; a portion of sick leave; and, probationary period. On August 12, 1993, SBPEA proposed to continue all existing contract terms through June .................................. 30, 1994, and rejected all of the City Team's proposals. (See taG€ n� .) A letter dated August 13, 1993 from the Personnel Department to SBPEA listed eleven (11) areas of disagreement. At the impasse meeting held on September 2, 1993, both sides made significant progress, .................................. reducing the areas of disagreement from eleven (11) to five (5). (See teit .) The City Team and SBPEA reached tentative agreement on the remaining six (6) items, including: • Wages • Health/Life Insurance • Tuition Reimbursement • Payment for Unused Sick Leave • Injury Leave • Probationary Period The City Team proposal fits within the constraints of the City's declining revenues. Attachments: 1. City Team Proposal - Summary of Economic Items 2. City Team Proposal - Last, Best and Final 3. Union Proposal - Last, Best and Final 4. Summary - Areas of Disagreement, as of 9/2/93 Page 3 of 13 ATTACHMENT 1 CITY TEAM PROPOSAL MID-MANAGEMENT EMPLOYEES' NEGOTIATIONS SUMMARY OF ECONOMIC ITEMS The City Team's offer is for a net reduction of $61,452. DELETE: Because take-aways cannot be imposed retroactively, the cost savings below is based on an effective date of 10/1/93, extending through 6/30/94. 4% CITY CONTRIBUTION TO PERS $61,452 (vs. 7% current City Contribution) Page 4 of 13 0 4 ATTACHMENT 2 NEGOTIATIONS BETWEEN CITY OF SAN BERNARDINO AND MIDDLE MANAGEMENT EMPLOYEES The following is a proposal prepared by the negotiating team (Barbara Dillon, Manuel P. Moreno, Jr., Barbara Pachon, Fred Wilson). This proposal is subject to review and approval by the Mayor and Common Council and is dated Two (2) revisions to the proposal were negotiated on 1 regarding 5. Tuition Reimbursement, Subsection 3, and 7. Holidays, Subsection D. These revisions are also subject to review and approval by the Mayor and Common Council. 1. Definition of Terms Add section entitled, "Definition of Terms," at the beginning of the MOU. See Attachment #1. 2. Wages (Article III. Section 1) Delete existing language in Section 1, and replace it with a statement that, "Salaries are per Resolution No. 6413, Section Eleven, as amended by the Mayor and Common Council. Exhibit 1 is a copy of the resolution." 3. PERS (Article III. Section 5) Revise to read, "The City will pay four percent (4%) of the members' contribution to PERS credited to the employees' account as a fringe benefit, effective 9/l/93." 4. Fringe Benefits (Article IV. Section 1) Revise Section 1, A, to read, "The City shall contribute monies toward health premiums for the employee plus one dependent at the rate equivalent to Kaiser Premium and the Mission Dental high option plans. Effective August 1, 1993 employees will have $332.82 per month to 'spend', cafeteria style. Insurance benefits available for purchase by employees include medical, dental, vision, life, long-term disability, and accidental death and dismemberment, as made available through the City. Any contribution not utilized by an employee shall revert to the City." Retain Section 1, C, on contributing an additional $16 per month per employee. Revise Section 1, F, to read, "All employees shall participate in the City-sponsored long- term disability insurance plan. The City will pay 50% of the long-term disability insurance plan premium for employees during the length of this contract." Page 5 of 13 WL 5. Tuition Reimbursement (Article IV. Section 3) Add to Subsection 2, F, Eligibility, "no mail-order courses will be approved." Add to Subsection 3, Reimbursement, to read: For Fiscal Year 1993-94 only (July 1, 1993 - June 30, 1994), no requests for tuition reimbursement for Mid-Management employees will be approved by the City, due to declining revenues .o. In. ................... 6. Vacations (Article V. Section 1) Delete Section E. Revise Sections A, B, D, and J to read: "A. All employees covered by this MOU shall be entitled to paid vacations as follows: Completed Years of Rate of Accrual Equivalent Hours Continuous Service * Per Pay Period Per Year 1 year** 3.333 hours 80 hours 5 years 5.0 hours 120 hours 15 years 6.667 hours 160 hours 20 years 8.33 hours 200 hours * Service year begins on initial date of employment. ** No vacation granted or accrued, if service is less than one year. B. The amount of accrual shall not exceed the specified number of hours granted each year. D. . . . Vacation credits may be accrued and accumulated up to a maximum of two yeara total accumulated vacation credits, upon approval of the Department Head G. When an employee returns to work after a break in 'continuous service' as defined in Resolution No. 6433 as amended, and when such break in 'continuous service' shall have been by leave of absence with the approval of the Mayor and Common Council, vacation time shall not accrue during a break in 'continuous service,' but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. J. Vacation credits may be taken off in increments of four (4) hours, with prior Department Head approval. Page 6 of 13 I K. Delete this section. 7. Holidays (Article V. Section 2) Revise subsection A as follows: "Employees shall be entitled to 11 City-designated holidays, the equivalent of 88 holiday hours, each year . 16 hours of Floating Holidays, per year (see B)." Delete the last sentence of subsection B and the first paragraph of subsection C. Replace the first paragraph of subsection C as follows: "Employees who, due to scheduling, must work on a recognized City holiday, will be compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner break. The hours accruing to the employee's holiday bank for that day shall not exceed eight (8) hours. If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay." Revise the first sentence of the second paragraph of subsection C as follows, "The decision as to whether in-lieu time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the department head." Revise subsection D as follows, "D. Holidays as listed above shall be allowed on a Monday if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday, for all employees except those covered by other provisions therein. At the beginning of each calendar year, the City will determine how many of the above holidays fall on a regularly scheduled day off(92f1 An employee working on a 9/80 ..................... or a 4/10 schedule will accrue the equivalent number of hours of holiday time ('holiday bank'), with one (1) holiday equivalent to eight (8) hours." 8. Sick Leave (Article V. Section 3) Revise subsection A, second paragraph, to read, "Not more than 40 hours of sick leave within any calendar year may accrue to an employee for the care of or attendance upon members of their immediate family. Not more than 40 hours of sick leave within any calendar year may be granted . . . for each absence due to death . . ." Revise subsection A, third paragraph, to substitute "40 consecutive hours" for "five (5) consecutive days". In the fourth paragraph, substitute "40 hours" for "five (5) working days." Page 7 of 13 Revise subsection A, fourth paragraph, to delete reference to "County Health Officer," and replace with "a designated physician." Revise subsection A, fifth paragraph, to state, "In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to, or within 30 minutes of, the time set for beginning their daily duties, or as may be specified in Department/Division work rules." Revise subsection B, first paragraph, to incorporate language from second paragraph: "All full-time employees who have completed the first six (6) calendar months of continuous service with the City shall be granted a sick leave accumulation of 48 hours. After six (6) months or more of continuous service, employees who are compelled to be absent from work on account of illness or injury, other than that which is compensable under Article V, Section 5, shall be compensated for sick leave, provided that such compensation shall cease upon the exhaustion of all accumulated sick leave. Employees shall not accumulate sick leave while compensated under the provisions of Article V, Section 5." Delete the first sentence of the second paragraph of subsection B re: 3.7 hours per pay period. Revise subsection B, third paragraph to read, "Whenever the employee uses all allowable sick leave, further absences may be charged against accrued vacation or administrative leave (if eligible), upon approval of the department head. If all allowable sick leave has been used, and use of accrued vacation and/or administrative leave is disapproved, the employee will take loss of pay for the time not covered by allowable sick leave." 9. Sick Leave (Article V. Section 4) Substitute "fifty percent (50%) of a 960 hour cap" for "120 day cap." Delete second sentence of this section. 10. Injury Leave (Article V. Section 5) Revise the first paragraph of this section, as follows: "All regular employees shall be granted industrial accident or illness leave for the first three (3) calendar days of their disability. Effective with the fourth day of necessary absence for such illness, each employee shall be authorized, upon their request, to utilize any balance of their accumulated sick leave credits to augment the amount of temporary disability they received, to the extent the total sum received will result in a payment equal to their normal compensation. The utilization of sick leave for this purpose shall end with the termination of the temporary disability or when the accumulated sick leave credits have been exhausted, whichever occurs first." Page 8 of 13 Revise the second paragraph of this section, as follows, "When employees sustain what they believe to be an industrial injury or illness, they shall request an 'Employee Claim for Workers' Compensation Benefits' form from the supervisor. The supervisor is required to give the employees this form within one (1) working day of the City being notified of the injury. Employees will log date and time employees given form on Supervisor's Report of Injury. Employees must return Employees' Claim form to i supervisor to begin the process for filing an industrial injury. In the event the employee is unable to prepare the form due to hospitalization,talization, serious illness or injury, the supervisor or a member of the department/division staff shall prepare the required report." I 11. Probationary Period (Article VI. Section 3) Add to this section, "All employees shall serve twelve (12) months in Step 1, before becoming eligible for a step increase to Step 2." Page 9 of 13 1 0 0 Attachment #1 DEFINI'T'ION OF TERMS The City of San Bernardino. Classification: Includes titles listed in Section 11 of City Resolution No. 6413, as amended. Da As it pertains to a holiday, sick leave day, or a vacation day, 1 Pe Y Y � ( ) Y "day" equals eight (8) hours, unless otherwise specified. Exclusions: Excluded from the Middle Management Unit are: Classification titles designated as management/confidential, general, or safety, positions established and created under Federal contract, and, temporary, part-time provisional and probationary individuals. Middle- Includes titles listed in Section 11 of City Resolution No.6413, as Management amended. Additional titles in the Middle-Management Unit may be Unit: established by the Mayor and Common Council. Also reference "Exclusions" above. Mandatory and "Shall" is mandatory; "may" is permissive. Permissive: MOU: Memorandum of Understanding. Union: The exclusive bargaining representative for the Middle-Management Unit. Page 10 of 13 "► ATTACHMENT 3 SBPEA MID-MANAGEMENT UNIT RESPONSE 8/12/93 1 . Regarding the City ' s proposal to roll back: the City ' s contribution toward employees retirement by h-aving the employees absorb -_-7 percent: We propose that if the City demonstrates that the only means to balance this fiscal years ' budget is by r&ducing employee benefits, at that point in Lime, SBPEA would be willing to consider a PERS propo=_.1 under the following conditions: A. This would be addressed in a side letter to the contract. The purpose would be to deal with a short-term budget crisis, and not impose a permanent take-away. B. This provision would be applied throughout the City, and all employees would be impacted equally. No City employees would be exempted. C. There would be a "sunset" clause at the expiration of one year. D. The exact amount of the City 's retirement contribution would be mutually agreed by the parties. 2. We would like to know whether the City of San Bernardino will take advantage of the Teeter Plan monies as a means to balance the budget. If the City has rejected this funding source, we would like an explanation why it has made that decision. Regarding the City 's efforts to convert all references from days to 8 hour increments for leave accruals (etc. ) it is our perception that the City has no need to make this change since the majority of our members are working an 8 hour schedule. No grievance has been raised , and this is currently a non-issue. We believe this effort to change this language is in anticipation of a change to alternate work schedules. At this bargaining table we have not had any discussion of a change in work: schedules. We believe that negotiations regarding alternate work: weeks should include a discussion of leave accruals and the definition of a day. So far , those negotiations have been conducted separately outside the context of general contract negotiations. We propose that the parties should address all "hours" issues in separate negotiations prior to the institution of an alternate work: schedule for our members. Page 11 of 13 z 4 Finally, we propose to leave all existing terms and co,M01itions status quo rather than have any negative terms and conditions imposed. Therefore we propose to continue all existing contract terms through June 7.0, 1994. On this basis we withdraw all of our proposals and reject all of the City 's proposals. NOTE: On September 2, 1993, SBPEA amended its Last, Best and Final Offer to continue all existing contract terms through June 30, 1994, except for the tentative agreements reached between the City Team and SBPEA on September 2, 1993. 1 Page 12 of 13 ATTACHMENT 4 CITY TEAM SUMMARY AREAS OF DISAGREEMENT MIDDLE MANAGEMENT NEGOTIATIONS The City Team presented its Last, Best and Final offer to the Middle-Management Employees on 7/16/93. San Bernardino Public Employees' Association (SBPEA)presented its response and its Last, Best and Final offer to the City Team on 8/12/93. SBPEA's Last, Best and Final offer of 8/12/93 includes the following statements: "Finally, we propose to leave all existing terms and conditions status quo rather than have any negative terms and conditions imposed. Therefore we propose to continue all existing contract terms through June 30, 1994 and reject all of the City's proposals." SBPEA amended its Last, Best and Final Offer on 9/2/93 (see Attachment 3). At the Impasse Meeting held on September 2, 1993, we reduced the number of the Areas of Disagreement from eleven (11) to five (5) items, as follows: 1. DEFINITION OF TERMS: Union disagrees with including definition of terms; specifically, disagrees with defining holiday, sick leave day, or vacation days as equivalent to eight (8) hours, unless otherwise specified. 2. PERS (Article III. Section 2): City Team proposal reduces City contribution to PERS from 7% to 4%. 3. VACATIONS (Article V. Section 1): Currently, vacation time is stated in terms of "days," The City Team proposal converts vacation days to "hours," e.g., after one year of service with the City, an employee is entitled to 80 hours of vacation. 4. HOLIDAYS (Article V. Section 2): Currently, holidays are stated in terms of "days." The City Team proposal converts holiday "days" to "hours," e.g., "11 City-designated holidays, the equivalent of 88 holiday hours, each year . . . (plus) 16 hours of Floating Holidays, per year." 5. SICK LEAVE (Article V. Section 3): Currently, sick leave is stated in terms of"days." The City Team proposal converts "days" to "hours," e.g., "Not more than 40 hours of sick leave within any calendar year . . . " Page 13 of 13