HomeMy WebLinkAbout9/8/2010 - STAFF REPORTS - 5.A. ��,?ALM SAGA
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DATE: September 8, 2010 New Business
SUBJECT: MEMORANDUM OF UNDERSTANDING — SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721 REPRESENTING THE GENERAL
UNIT
FROM: David H. Ready, City Manager
BY: Human Resources
SUMMARY
The City has reached a tentative agreement with the Service Employees International
Union Local 721 (SEIU) representing the General Unit. The City Council will consider
adopting a Resolution approving a contract or Memorandum of Understanding between
the City and the General Unit.
RECOMMENDATION:
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 721 REPRESENTING THE
GENERAL UNIT, FOR THE PERIOD JULY 1, 2010 THROUGH JUNE 30, 2012,
SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM
OF UNDERSTANDING.
2. Authorize the City Manager to execute the Memorandum of Understanding in a
form acceptable to the City Attorney.
STAFF ANALYSIS:
The City, through it's Municipal Employee Relations Representative (MERR), and
representatives of the Palm Springs chapter of the Service Employees International
Union (SEIU) Local 721 representing the General Unit have met and conferred in good
faith with the Municipal Employee Relations Representative (MERR) and have reached
City Council Staff Report
September 8, 2010-- Page 2
General Unit
STAFF ANALYSIS CONT:
agreement on the terms and conditions of a Memorandum of Understanding (MOU)
governing employees of the City of Palm Springs within the General Unit for the period
July 1, 2010 through June 30, 2012.
Highlights to this agreement include:
• During the term of this MOU, there will be no salary increases; and
• Employees will be furloughed for ten percent (10%) of their hours by continuing
the "9/72" hybrid work week that has been in effect since May 2009. As a result,
City Hall will remain closed on Fridays; and
• City contribution towards the cost of health insurance will be reduced to amounts
similar with other employee units, and life insurance coverage will be the same
amount as provided to management and professional unit employees; and
• Lincoln's Birthday Holiday will be replaced with a floating holiday, as a result, City
Hall will be open one additional day in February; and
General Unit and the MERR jointly recommend adoption of such MOU by the City
Council.
FISCAL IMPACT
It is estimated that this agreement will result in the following approximate annual
savings:
• Furlough $ 953,000
• Medical Insurance $ 250,000
• Life Insurance ($ 14,000)
• Approximate Annual Savings $1,189,000
Perr/Madfs6n,4irector-oTTTL7ffan Resources David H. Ready, City Ma
Attachments: Resolution
Memorandum of Understanding
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
FOR EMPLOYEES IN THE SERVICE EMPLOYEES
INTERNATIONAL UNION (SEIU) LOCAL 721
REPRESENTING THE GENERAL UNIT, FOR THE PERIOD
JULY 1, 2010 THROUGH JUNE 30, 2012, SUBJECT TO
UNIT'S RATIFICATION AND EXECUTING THE
MEMORANDUM OF UNDERSTANDING.
WHEREAS, Resolution 16438 designates the City Manager (acting personally or
through a delegee) as the Municipal Employee Relations Representative (MERR) who
shall be the City's principal representative on all matters of employer-employee relations,
with authority to meet and confer in good faith on matters within the scope of
representation, including wages, hours, and other terms and conditions of employment;
and
WHEREAS, the City, through its Municipal Employee Relations Representative
(MERR), has met and conferred in good faith on wages, hours, terms and other
conditions of employment with the Service Employees International Union (SEIU) Local
721 representing the General Unit; and
WHEREAS, as a result of such good faith negotiations the MERR and SEIU have
reached agreement on the terms and conditions of a Memorandum of Understanding
(MOU) governing employees of the City of Palm Springs within such General Unit,
subject to ratification by the Unit; and
WHEREAS, SEIU and the MERR jointly recommend adoption of such MOU by
the City Council;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Memorandum of Understanding between SEIU and MERR, for
the period July 1, 2010 through June 30, 2012, on file with the City Clerk and
incorporated herein by this reference, is hereby approved upon ratification and
execution of said Memorandum of Understanding in a form approved by the City
Attorney.
Resolution No.
Page 2
ADOPTED THIS 87N DAY OF SEPTEMBER, 2010
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on this 8th day of September,
2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE AND THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721
REPRESENTING THE GENERAL UNIT
JULY 1, 2010 - JUNE 30, 2012
This Memorandum of Understanding ("MOU") is entered into with reference to
the following facts:
A. The Palm Springs chapter of the Service Employees International Union Local 721
(hereinafter called "Union") is the recognized employee organization for members it
represents employed by the City within the General Unit (herein called "UNIT") as
defined in Resolution 16438 (Employer-Employee Relations Resolution), as amended
by Resolution 17793.
B. The 'Palm Springs chapter of UNION and the Municipal Employee Relations'
Representative (hereinafter called "MERR") have met and conferred in good faith on
wages, hours and other terms and conditions of employment for the employees
represented by UNION in the Unit and have reached agreements which are set forth in
this Memorandum of Understanding (hereinafter called "MOU").
UNION and MERR agree as follows
1. This MOU constitutes a joint recommendation by UNION and the MERR, to be
submitted to the City Council of the City of Palm Springs (hereinafter called the "City
Council") for its determination and approval by one or more resolutions, as the City
Council may deem fit and proper.
2. This MOU recommended to the City Council shall be for the period commencing
July 1, 2010 and terminating at midnight, June 30, 2012; provided, however, that
specific sections of this MOU may have later effective dates as specified herein.
3. SALARIES
There shall be no increases or decreases to salary during the term of this MOU.
4. HEALTH AND WELFARE
The parties agree to continue to negotiate on the medical plan options to be made
available effective January 1, 2011. The City has advised the Union that it will be
marketing the Union's plan and presenting options regarding alternative plans. The
Union has advised the City that it needs some time to gather the information necessary
to effectively negotiate for alternatives to the health and welfare benefits provided within
this Article.
The parties agree that those negotiations will yield a result wherein the cost to the City
of the health and welfare benefits (health insurance, dental insurance and vision
insurance will not exceed the following maximum amounts effective January 1, 2011:
• Single Party $ 582.00
• Two-Party $1,141.00
• Family : $1,544.00
The changes made to the health and welfare benefits through the parties' negotiations
will cause some of the language below (in sections 4.1, 4.2 and 4.3) regarding health
insurance, dental insurance and vision insurance to be superseded following completion
of the negotiations process. The parties agree that they will modify this MOU at that
time to reflect the agreed upon amounts for each of the health and welfare benefits
4.1 Health Insurance
Effective January 1, 2010 through December 31, 2010, City and UNION agree to, the
following maximum contributions by represented UNIT employees towards the
premiums for health and hospitalization coverage, as selected by UNION and approved
by the City Council as follows:
PPO Plan PPO Plan
Employee Contribution City Contribution
Single Party $ 35.81 $ 675.57
Two-Party $ 73.20 $1,420.75
Family $ 107.43 $2,026.73
HMO Plan HMO Plan
Employee Contribution City Contribution
Single Party $9.54 $ 420.16
Two-Party $20.05 $ 882.11
Family $28.65 $1,260.43
The health insurance rates effective January 1, 2011 will be determined following the
negotiations described at the beginning of this Article.
Effective January 1, 2011, City and UNION agree to the following maximum
contributions by represented UNIT employees towards and the City for the premiums for
health and hospitalization coverage, as selected by UNION and approved by the City
Council as follows:
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PPO Plan PPO Plan
Employee Contribution City Contribution
Single Party $ $
Two-Part $ $
Family $ $
HMO Plan HMO Plan
Employee Contribution City Contribution
Single Party $ $
Two-Party $ $
Family $ $
The parties have agreed to a maximum City contribution effective January 1, 2011 of
$582.00 for Single Party, $1,141.00 for Two-Party and $1,544.00 for Family coverage
for the combined benefits of health insurance, dental insurance and vision insurance.
The dental insurance and vision insurance contributions (City and Employee for Dental
Insurance and City for Vision Insurance have been determined below in Articles 4.2 and
4.3. As such, although there will be maximum amounts entered in the boxes above for
health insurance effective January 1, 2011, the City will only contribute the combined
maximums of $582.00 for Single Party, $1,141.00 for Two-Party and $1,544.00 for
Family. For an employee who chooses family coverage, the City's maximum City health
insurance contribution will be $1,544.00 minus the cost of the chosen dental insurance
minus the cost of the vision insurance if chosen.
In the event that the premium charges for the health or dental program exceed the
City's maximum rate of contribution by 10% annually starting in 2012, the amount of
excess shall be paid by the employee through a payroll deduction.
4.1.1 Domestic Partner Coverage
The City of Palm Springs agrees to maintain Domestic Partner Coverage as part of the
current health, dental, and vision coverages, in accordance with the City of Palm
Springs Ordinance No. 1578. In addition to the requirements of Ordinance 1578, all
enrollees must still provide a copy of the Declaration of Domestic Partnership,
Statement of Financial Liability for Domestic Partner Health Benefits and Affidavit of
Eligibility for Economically Dependent Children to the City. The City will continue to use
the same enrollment policies for domestic partners as are currently used for traditional
marriages.
4.1.2 Retiree Health Coverage — "Tier I" — Effective 7/1/1999:
• A represented UNIT employee who attains age fifty (50) and leaves active
service as a Palm Springs employee after 20 years of continuous service,
the City shall pay 75% of up to two party coverage for the "retirees" health
plan being covered at the time one leaves active service.
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Any annual increases in premiums will be included in the 75% calculation.
• A represented UNIT employee who attains age fifty (50) and leaves active
service as a Palm Springs employee after 25 years of continuous service,
the City shall pay 100% of up to the two party coverage for the "retirees"
health premium being covered at the time one leaves active service. Any
annual increases in premiums will be included in the 100% calculation.
• All Employees who become eligible to receive Medicare must enroll in
Medicare Part A and B to remain eligible to receive the above
contributions. The City shall reimburse the member for the actual cost of
Medicare Part A and Part B being charged to the member.
4.1.3 Retiree Health Coverage — "Tier II" — Effective 12/7/2005:
For all employees hired after December 7, 2005 there will be no City contribution for
retiree health benefits. The City will, however, make a $50.00 per month contribution to
an employee Retiree Health Savings Plan and the associated fixed dollar cost of
administration.
4.1.4 Retiree Health
Employees in the UNIT shall be permitted, at their expense, to participate in the City-
provided group health plans after retirement except as otherwise provided in
Paragraphs 4.1.2 and 4.1.3 above.
4.2 Dental Coverage
Unless otherwise agreed to during negotiations for modifications to the health and
welfare benefits as described at the beginning of this Article for the term of this MOU,
UNIT members agree to contribute up to the following maximum amounts toward the
premiums for dental insurance coverage as follows:
SAFEGUARD SAFEGUARD
Employee Contribution City Contribution
Single -0- $ 16.63
Two-Party -0- $ 28.79
Family -0- $ 37.73
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METLIFE METLIFE
Employee Contribution City Contribution
Single -0- $ 43.94
Two-Party $ 5.20 $ 88.30
Family $11.48 $135.54
4.3 Vision Plan
Unless otherwise agreed to during negotiations for modifications to the health and
welfare benefits as described at the beginning of this Article, the City shall provide UNIT
employees with a fully funded vision plan through Vision Service Plan (VSP), which
provides annual eye examinations and glasses every two years. UNIT agrees that co-
pay on Vision Plan will be $20 per visit.
4.4 Life Insurance
For the term of this MOU, City agrees to provide term life insurance coverage of Fifty
Thousand Dollars ($50,000.00) for each represented employee in the UNIT.
4.5 Short Term Disability,
For the term of this MOU, City agrees to continue Short Term Disability insurance
coverage. The waiting period is 14 days. Premium payments will be paid by
employees.
4.6 Long Term Disability
City agrees to continue Long Term Disability insurance coverage through any carrier of
its choice as long as coverage remains the same or greater without further meet and
confer required.
4.7 Retirement Plan
The City will contract with PERS for the 2.7% @ 55 formula at no additional cost to the
employee for the term of this MOU.
4.7.1 Employer-Paid, Member Contributions
Pursuant to Government Code sections 20636 (c)(4), 20691 and 20692, City agrees to
pay all of the normal PERS contributions of UNIT members represented by UNION and
to report the Employer-Paid Member Contributions ("EPMC) to PERS as additional
compensation for all members of UNIT under the provisions and requirements of these
statutes.
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City will continue to make all PERS mandated Employer-Paid Employer Contributions
("EPEC"), including any increase in such contributions occasioned by the conversion.
5. STANDBY, CALL BACK AND TRAINING PAY
5.1 Standby Pay
Whenever a Unit employee is scheduled for standby duty for court, or for weekends
and/or holidays, such employee shall be paid for two (2) hours per day for standby at
the employee's regular hourly rate, not subject to overtime premium.
Dispatchers who are under subpoena during non-working hours shall be paid for actual
court time with a minimum of four (4) hours pay for each day's appearance at the rate of
time and one-half.
5.2 Call Back Pay
A UNIT employee called back to work shall be paid a minimum of two (2) hours per
incident, (from when the employee leaves his/her house) at one and one-half (1 1/2)
times such employee's regular hourly rate.
5.3 Training Pay
City shall provide 5% Training Pay to anyone required to train. Such training pay is for
actual time spent training other employees. Training pay will be subject to City Manager
approval.
5.4 Travel Time
A UNIT employee called back to work shall be paid for no more than one (1) hour of
travel time (from when the employee leaves his/her house). Such employee shall be
paid at one and one-half(1 1/2) times such employee's regular hourly rate.
6. ATTENDANCE, HOLIDAYS, AND LEAVE
6.1 General Leave for UNIT Employees
6.1.1 Definition
General leave is any approved absence with pay from regularly scheduled work for any
purpose. For employees in the UNIT, general leave shall substitute for either annual
leave or sick leave as covered under Personnel'Rule 6 as amended herein.
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6.1.2 Holidays While on General Leave
If a recognized holiday for which the employee is eligible falls within an approved leave,
the Unit employee shall be paid for that day as a holiday and the accrual for general
leave shall not be debited for that day.
6.1.3 President's Day Holiday and Floating Holida
Effective July 1, 2010, the parties agree to modify personnel rule 6.4.2 as applicable to
this UNIT which provides the holiday schedule for general employees by deleting
Lincoln's Birthday and modifying the title of Washington's Birthday to President's Day.
The parties also agree that effective July 1, 2010, all employees in the UNIT will have
one floating holiday each calendar year (January 1 — December 31) which must be
used by December 31 of the calendar year to which it applies. The floating holiday
does not accrue as a leave and cannot be cashed out. If it is not used by an employee
it is lost. Employees may request to use their floating holiday just like a request to use
general leave. Department Heads have discretion whether to grant or deny a request
to use the floating holiday, but given that such holiday must be used within the calendar
year to which it applies, must exercise that discretion carefully to ensure that
employees can use their floating holiday.
6.1.4 General Leave for Recalled (Re-employed) and Reinstated Unit Em to ees
Notwithstanding other provisions of these rules, for general leave purposes only,
eligible recalled (re-employed) and reinstated Unit employees shall receive service
credit for. the most recent leave commencing with the effective date of such
reinstatement or reemployment at the current accrual rate applicable to the service
credit they received.
6.1.5 General Leave General Provisions
General leave must be approved by the department head. For purposes of computing
general leave usage regularly assigned days off shall not be counted as "working days".
General leave shall be paid at the member's straight time hourly rate of pay in effect
during the leave program. Unit employees shall be eligible to use general leave after the
successful completion of the initial probationary period. Dispatchers shall be eligible to
use General Leave after the completion of 6 months.
6.1.6 Maximum Accrual and Minimum Use
General leave shall accrue to the credit of an eligible Unit employee up to, but not to
exceed, a maximum accrual of four hundred forty (440) hours. City will expedite leave
requests submitted by Unit employees who are at maximum accrual. Department
heads are responsible for planning work schedules to allow each Unit employee to take
at least forty (40) consecutive hours of General Leave each calendar year if they
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request it. Approval of general leave shall not be unreasonably withheld. Failure to use
at least forty consecutive hours of general leave shall result in City Manager review of
the circumstances surrounding such failure.
6.1.7 Notification of Su ervisor
Each department head shall establish reasonable written requirements for reporting an
absence or tardiness. Those written requirements must be approved by the Personnel
Officer. In order to receive compensation while absent on general leave, the employee
must comply with the official written notification requirements of that department. City
agrees to work towards standardization of the official written notification requirements.
6.1.8 Accrual Rates
General leave shall accrue and vest on the basis of the following schedule:
YEARS OF SERVICE HOURS ACCRUED & VESTED
FOR EACH FULL MONTH
WORKED
0 through 3 12
4 through 7 14
8 through 10 16
11 through 14 18
15 through 17 20
18 and over 20.67
6.1.9 General Leave Cash-In
Unit employees shall have the option of converting hours of accrued and vested general
leave into cash on the last pay day in July and on the first pay period of December of
each year. Employees must advise payroll staff of their desire to convert accrued and
vested general leave to cash three weeks prior to these pay days.
6.1.10 Disposition of Accrued and Vested Leave Upon Termination
Upon termination, all unpaid accrued and vested general leave will be paid at the
employee's current salary rate. All unpaid accrued and vested general leave of
deceased employees shall be paid to the estate of said deceased except as otherwise
provided by law.
6.2 Compensatory Time Accumulation
The maximum accumulation of compensatory time off is one hundred (100) hours.
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7. TOOL ALLOWANCE
City agrees to pay a monthly tool allowance of. One Hundred Twenty-Five Dollars
($125.00) per month to Unit positions in the Fleet Operations Division and the Facilities
Maintenance Division.
8. UNIFORM ALLOWANCE
City agrees to pay a monthly uniform allowance to each incumbent in the Unit job
classifications listed below, in the amounts indicated, as a reimbursement for expenses
incurred for acquisition and maintenance of uniforms as follows:
UNIFORM ALLOWANCE
Animal Control Officer $85.00 Plans Examiner 11 $30.00
Animal Shelter Assistant $30.00 Police PAL Officer $85.00
Building Inspector $30.00 Police Records Technician $85.00
Code Compliance Officer $30.00 Police Services Officer $85.00
Police Services Supervisor $85.00
The City shall (each fiscal year) provide all Code Compliance Officers, Building
Inspectors, Plans Examiner II's and Animal Shelter Assistants with ten (10) shirts which
shall constitute the required uniform during working hours.
9. NO DRINKING RULE
Provided this same rule is applicable to management employees, UNION agrees that
all employees in the Unit shall be prohibited from drinking alcoholic beverages at any
time during the workday, including breaks and lunch.
10. MILEAGE REIMBURSEMENT
UNION and City agree that employees in the Unit shall receive mileage reimbursement
in accordance with existing City policy, at the prevailing IRS rate.
11. EDUCATIONAL REIMBURSEMENT
No Unit employee shall receive, more than $1,500/fiscal year through the Educational
Reimbursement Program.
12. EDUCATIONAL INCENTIVE PAY FOR MASTER'S DEGREE
Unit members will be eligible to receive an additional five percent (5%) Educational
Incentive Pay for a Master's Degree from a college or university accredited by either the
Council for Higher Education Accreditation ("CHEA") or the U.S. Department of
Education ("USDE").
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13. BILINGUAL PAY
City shall maintain the bilingual pay program instituted in the 2002-2003 MOU under
which Unit employees shall be entitled to premium pay of five percent (5%) over their
regular base salary for their services as bilingual employees. In order to be eligible for
such premium pay, an employee must pass an examination to be developed and
administered by the City demonstrating fluency in reading and speaking the desired
second language. The City Manager shall determine the language needs, as well as the
number of employees eligible.
Effective January 1, 2002, the City added sign language to the list of recognized
languages with one (1) position authorized, location to be at the City Manager's
discretion. This previous agreement shall continue during the period of this MOU.
14. CERTIFICATION PAY
Building Inspectors with International Code Council ("ICC") Building Inspector
Certification, Code Compliance Officers with' CACEO or ICC Certification as a Property
Maintenance & Housing Inspector, and Permit Center Technicians and Senior Permit
Center Technicians and Plans Examiners and Plans Examiner II's with International
Code Council Certifications (ICC) as they pertain to their positions, shall be paid an
additional two and one half percent (2.5%) in salary.
Public Works Inspectors and Engineering Field Technicians with American Construction
Inspection Association ("ACIA") Certifications as they pertain to their positions, and
Fleet Maintenance Technician IV with a Fire Mechanics Certification, shall be paid an
additional two and one half percent (2.5%) in salary.
14.1 Notary
Unit employees selected at the City Manager's discretion who are licensed notaries
shall be entitled to premium pay of an additional two and one half percent (2.5%) over
their regular base salary for their services.
15. POLICE DEPARTMENT BEARDS & UNIFORM POLICIES
All Unit employees working in the Police Department who wear a uniform or receive a
uniform allowance cannot wear a beard. Wearing a beard shall subject these
employees to potential disciplinary action.
UNION further agrees that the Uniform Regulations, Specification Section of Police
Department Manual shall apply to UNIT members to extent that provisions do not
conflict with this MOU or the City's personnel rules.
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16. SAFETY SHOES
The City shall provide safety shoes to those positions that meet the general industry
standard ANSI Z41-1991 to those positions necessitating safety footwear protection.
Unit members are to wear these safety shoes at all times while performing usual and
customary duties and failure to do so shall subject employees to potential disciplinary
action.
17. HOURS OF WORK, NORMAL WORKWEEK, AND SHIFT DIFFERENTIAL
During the term of this MOU, employees in the Unit will be furloughed for ten percent of
their hours by working the "9/72" hybrid work week schedule that had been in place in
the year prior to this Agreement. The hybrid work schedules, as previously negotiated,
will continue in each work area resulting in 36 hours per week. Holidays during the term
of this Agreement (during the furlough) will continue to be calculated at nine (9) hours.
The parties agree that once the furloughs end, holidays will revert back to eight (8)
hours for employees who are scheduled to work eight (8) hours per day. Employees
who were scheduled to work a schedule other than eight hours per day prior to the
effective date of the furloughs will receive holiday pay (after the furloughs end) based on
the numbers of hours of holiday pay they received for each holiday prior to the
furloughs. The parties also agree that once the furloughs end, schedules will revert back
to the original work schedule in place at the time pre-furlough. The parties are hopeful
that furloughs will no longer be needed at the end of the term of this MOU and will be
negotiating for a successor agreement prior to the end of its term.
The parties agree that if the 2011-12 budget indicates that the City's General Fund
revenues from all revenue sources have returned to the FY2007-08 total revenue of
$75,136,386, the parties will commence negotiations within twenty (20) calendar days
for the purpose of discussing the elimination of furloughs for 2011-12.
17.1 Normal Work Week
The normal work week for full-time employees is forty (40) hours consisting of five (5),
eight (8) hour work days during the seven (7) day FLSA workweek starting 12.01 a.m.
Sunday and ending 12:00 midnight of the following Saturday The Airport's Security
Access Control System (SACS) will be used for employees clocking in and out.
17.2 Alternate Work Schedules
The City currently provides alternate work schedules for various Unit members and may
increase, decrease and/or eliminate such schedules at the discretion of the City
Manager after the required meet and confer with UNION. If UNIT members work a 9/80
work schedule, their FLSA workweek shall begin exactly four hours into their shift on the
day of the week which constitutes their alternating regular day off to ensure they work
exactly forty (40) hours in each workweek.
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17.3 No Guarantee of Hours
Nothing contained in this MOU shall be construed to constitute a guarantee
of hours of work per day or per work week or of days of work per work week.
17.4 Shift Differential Pa — Graveyard Shift
All employees regularly scheduled to work a "graveyard shift" will receive an additional
5% as shift differential pay. Graveyard schedules are those which begin at 8:00 or after
in the p.m., and before 5:00 in the a.m. (Note: there will be no intent on the part of the
City that current graveyard shifts will be changed to hours which will avoid the payment
of shift differential.)
18. CHANGE OF PAY PERIOD ENDING DATE
In the event that all units agree to a change in the pay periods during the term of this
MOU, UNION agrees to said change, as long as there is no loss of pay due to a
changeover. UNION also agrees that should the City advance any pay, the said amount
of advance will be deducted from the employee's last paycheck.
19. SUPPLEMENTAL CITY INDUSTRIAL DISABILITY COMPENSATION (SCODC)
FORMULA
UNION agrees that the City will pay the difference between benefits received from the
Workers' Compensation Act and full pay (base pay) not to exceed 90 working days.
When SCODC ends, the employee may make a request in writing to the Payroll Office
for leave time to be used to supplement the difference between the benefits received
under Workers' Compensation Act and their regular pay.
Per Personnel Rule 6.8.5, whenever an employee is disabled temporarily and is entitled
to receive temporary disability indemnity benefit payments provided under the Workers'
Compensation Act, the employee shall receive supplemental City industrial disability
compensation (SCODC) sufficient to pay to the employee a combined total amount
equal to regular base pay for the period of temporary disability, but not to exceed a total
period of ninety (90) working days for any one injury or all combined injuries within one
calendar year. If an employee in this situation goes on a vacation while receiving
SCODC, the employee must use vacation leave and SCODC will stop during the
vacation. The SCODC will continue upon the employee's return from vacation.
20. COMMERCIAL LICENSE REQUIREMENT
Certain positions as identified in the job descriptions for UNIT members shall require
possession of a commercial driver's license with a P endorsement. For incumbent
employees, they shall have six (6) months to obtain the required endorsement. Failure
to obtain the required endorsement shall subject the employee to disciplinary action.
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21. STRIKES AND WORK STOPPAGES
UNION and City agree that the following conduct is prohibited:
21.1 UNION, or any of its officers, agents, representatives and/or Unit employees
agree that during the term of this MOU, they will not cause or condone any strike,
walkout, slowdown, sick out, or any unlawful job action by withholding or refusing to
perform services.
21.2 In the event that UNION, its officer, agents, representatives, or Unit employees
engage in any of the conduct prohibited in Section 21.1, UNION shall immediately
instruct any such person engaged in such conduct that their conduct is in violation of
this MOU, and that they must immediately cease engaging in conduct prohibited in such
Section 21.1, and return to work.
22. UNION STEWARDS
The City will provide a bank of one hundred twenty (120) hours per year to be
allocated by UNION among the stewards on UNION'S Board of Stewards to carry out
stewards' functions under this MOU. A steward who intends to use any part of the hours
bank shall obtain the prior permission of the supervisor and such permission shall not
be unreasonably withheld. The individual steward shall be personally responsible for
notifying the City's Human Resources Department of the use of such hours.
23. FEDERAL AND STATE LAWS
It is understood and agreed by the parties hereto that this MOU is subject to all present
and future applicable Federal and State laws and regulations and the provisions hereof
shall be effective and implemented only to the extent permitted by such laws and
regulations.
If any part of this MOU is in conflict or inconsistent with such applicable provisions of
Federal or State laws or regulations, or otherwise held to be invalid or unenforceable by
any tribunal of competent jurisdiction, such part or provisions shall be suspended and
superseded by such applicable laws and regulations and the remainder of this MOU
shall not be affected thereby and shall remain in full force and effect.
24. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
employees in the Unit represented by UNION shall not be deemed to be affected by this
MOU, except as specifically modified by provisions hereof or by actions taken in the
implementation hereof.
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25. CONTINUANCE OF MEMBERSHIP
All Unit employees who are members of UNION shall continue and maintain their
membership in UNION for the duration of this MOU, except that any employee who is or
becomes a member of UNION during the term of this MOU may, during the period of
June 16 through June 30, 2012, withdraw his/her membership in UNION by notifying
the City and UNION in writing of such withdrawal and that after such withdrawal said
employee will no longer be required to remain a member of UNION.
UNION agrees to enforce this provision and to indemnify, defend, and hold the City of
Palm Springs, its officer, and MERR harmless from any claims, demands, expenses,
losses, liabilities, and/or damages arising from the operation of this Section. Provided
further, however, that the City reserves the right to file suit in the Superior Court of the
State of California for Riverside County for the purpose of seeking declaratory relief as
to whether or not this Section is legal and valid under the laws of the State of California,
and if said Section is declared invalid or unlawful, it shall be of no force nor effect.
26. OVERTIME AND COMPENSATORY TIME '
The rules governing overtime and compensatory time are found in the Personnel Rules
and included herein by this reference.
27. SALARY ADVANCEMENT ELIGIBILITY
Personnel Rule 5.9.2.1 is modified to the extent that UNION unit members shall not be
eligible for step increases unless they have at least a "meets expectation" or higher
service rating.
28. BEREAVEMENT LEAVE
Personnel Rules 6.16.2 AND 1.16.3 are modified to the extent that UNIT members shall
be granted three (3) scheduled work days in the event of a death in the "immediate
family" of an employee regardless of travel requirements.
29. CELLULAR PHONE POLICY
UNION approves institution of Cellular Phone Acquisition and Usage Policy effective
July 1, 2003.
30. REASONABLE DRESS POLICIES
The Union agrees that is in both the City's and employees' best interest that employees
are dressed professionally for the particular work they perform. The Union agrees that
Department Heads can develop reasonable professional dress standards which may
include a uniform for each of their departments. However, before any dress policies
may be implemented, the City agrees that it will provide the proposed policy to the
UNION for its review and input.
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SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
Date: By:
Union Representative
By: By:
Negotiator Negotiator
By: By:
Negotiator Negotiator
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date: By:
City Manager
Attest: By :
City Clerk Director of Human Resources
Approved as to form:
City Attorney
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