HomeMy WebLinkAboutCity Council - 2015-24 RESOLUTION NO. 2015-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION
(SCLEA) FOR JULY 1, 2014 THROUGH SEPTEMBER 30, 2015
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the Surf
City Lifeguard Employees' Association (SCLEA), a copy of which is attached hereto as Exhibit
"A" and by reference made a part hereof, is hereby approved and ordered implemented in
accordance with the terms and conditions thereof, and the City Manager is authorized to execute
this Agreement. Such Memorandum of Understanding shall be effective for the term of July 1,
2014 through September 30, 2015.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1 s t day of June , 20 15 .
or
REVIE A14D APPROVED: APPROVED AS TO FORM:
City ana er �,-LCity Attorney
INKED PPROVED:
k-Director of Human Resources
121608.doc
MEMORANDUM OF UNDERSTANDING
BETWEEN
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION
AND
CITY OF HUNTINGTON BEACH
e
JULY 17 2014 - SEPTEMBER 30, 2015
SCLEA MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE I - TERM OF MOU 1
ARTICLE II - REPRESENTATION 1
A. REPRESENTATION UNIT 1
B. EMPLOYEE AND UNION RIGHTS 1
ARTICLE III - PAYROLL DEDUCTION OF UNION DUES 2
ARTICLE IV - UNIFORM ALLOWANCE 2
A. NEW HIRES 2
B. DAMAGED UNIFORM ARTICLES 2
C. UNIFORM- RETURNING RECURRENT OCEAN LIFEGUARD 2
D. SUNSCREEN AND LIP BALM 2
E. REPORTING OF UNIFORMS 2
ARTICLE V - PARKING PASSES 3
A. PARKING PASSES 3
B. PARKING PASS- BEFORE REQUALIFICATION 3
ARTICLE VI - ANNUAL RECURRENT OCEAN LIFEGUARD RE-QUALIFICATIONS 3
A. WORK AVAILABLE-- RETURN TO ACTIVE EMPLOYMENT 3
ARTICLE VII - ANNUAL PHYSICAL AND TECHNICAL TESTING 4
ARTICLE VIII - SALARY SCHEDULE 4
A. CURRENT SALARY SCHEDULE 4
B. WAGE INCREASES 4
ARTICLE IX - RETIREMENT 4
ARTICLE X -WORK DAY; WORK WEEK 5
A. FALL,WINTER, SPRING &SPRING BREAK AND SUMMER 5
B. NOT A GUARANTEE OF WORK 5
C. 1,500 HOURS 5
ARTICLE XI - SPECIAL PAY 5
A. EMT 5
B. BILINGUAL PAY 6
C. EFFECTIVE DATE OF SPECIAL PAY 6
ARTICLE XII - OVERTIME 6
ARTICLE XIII - MISCELLANEOUS 6
i
SCLEA MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 6
B. RETURN TO WORK POLICY 6
C. GRIEVANCE PROCEDURE 7
D. AB 1522-HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014 8
E. DEATH RELATED BENEFITS 8
ARTICLE XIIII - CITY COUNCIL APPROVAL 9
EXHIBIT A- SALARY SCHEDULE 10
ii
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article I — Term of MOU
The City of Huntington Beach ("City") and the Surf City Lifeguards Employees Association
("SCLEA") have reached agreement for a limited Memorandum-of-Understanding ("MOU") for
the term of July 1, 2014 — September 30, 2015. The terms and conditions of employment are
as follows:
Article II — Representation
A. Representation Unit
City recognizes SCLEA as the representative concerning all matters relating to
employer-employee relations including, but not limited to wages, hours and other
conditions of employment for all employees in the "Recurrent Ocean Lifeguard"
Representation Unit, as follows:
Included: All City of Huntington Beach "Recurrent Ocean Lifeguard"
(Classifications: Ocean Lifeguard I, Ocean Lifeguard II, Ocean Lifeguard III,
Junior Guard Instructor I, Junior Guard Instructor II, Junior Lifeguard Program
Coordinator I, and Junior Lifeguard Program Coordinator II).
Excluded: Management Personnel, Marine Safety Officers, and all other
employees.
B. Employee and Union Rights
SCLEA shall have the right to represent all employees in the "Recurrent Ocean
Lifeguard" representation unit in their employment relations with the City,
including the Meyers-Milias-Brown Act ("MMBA") "meet and confer" process.
SCLEA MOU July 1,2014—September 30,2015 1
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article III — Payroll Deduction of Union Dues
City will continue to deduct SCLEA's monthly union dues (on a bi-weekly basis) as designated
by SCLEA, and authorized by the individual employee. SCLEA agrees to hold the City
harmless for such payroll deductions. In the event of a SCLEA fee arrangement outside of an
agreement that is in effect, SCLEA shall indemnify and hold the City of Huntington Beach
harmless against any liability arising from any claims, demands, or other action relating to the
City of Huntington Beach's compliance with SCLEA's fee obligation as stated in Government
Code §3502.5.b.2.
Article IV — Uniform Allowance
A. New Hires
All new hires will be issued, at no charge, a full set of uniform articles and
equipment which includes: a hat, T-shirt, jacket, shorts, men's black swimsuit,
women's red swimsuit, tear-away sweatpants, sandals, fins, sunglasses and bag.
B. Damaged Uniform Articles
The Operations Supervisor will replace uniform articles and equipment as
referenced in Article IV A. that are damaged in the line of duty or worn out by the
passage of time.
C. Uniform - Returning Recurrent Ocean Lifeguard
The city shall provide one set of shorts and a shirt to each returning "Recurrent
Ocean Lifeguard".
D. Sunscreen and Lip Balm
The city shall provide Sun Protection Factor (SPF) 15 or higher sunscreen and lip
balm to all SCLEA members.
E. Reporting of Uniforms
For each CalPERS employee, the City will report to the California Public
Employees' Retirement System (CaIPERS), the average annual cost of uniforms
provided as special compensation in accordance with Title 2, California Code of
Regulations, Section 571(a)(5). The average annual cost of uniforms provided
shall include uniforms issued and article replacements during a payroll calendar
year. Reporting shall not include personal protective equipment, unless
otherwise permitted in accordance with CalPERS law.
SCLEA MOU July 1,2014—September 30, 2015 2
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
1. This section shall not apply to new members of this unit who are designated
by CalPERS as "new members" in accordance with GC Section 7522.04 (f)
and whose "Pensionable Compensation" is subject to the provisions of GC
Section 7522.34.
Article V — Parking Passes
F. Parking Passes
Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the
annual re-qualification exam.
G. Parking Pass - Before Requalification
Before re-qualification has been completed:
1. A parking pass will be provided to recurrents who are called to work; and
2. Recurrents who come to the beach to train may obtain a temporary pass for
that day from the on-duty Operations Supervisor.
Article VI — Annual Recurrent Ocean Lifeguard Re-qualifications
A. Work Available -- Return to Active Employment
If there is work available and if the "Recurrent Ocean Lifeguard" meets the
following criteria, the "Recurrent Ocean Lifeguard" shall be returned to active
employment for the following season:
1. The employee performance evaluations meet Marine Safety Division (MSD)
standards;
2. The employee did not resign or was not terminated from employment with the
City;
3. The employee completed the existing minimum hour working standard;
4. The employee has successfully completed the yearly re-qualification exam;
5. The employee has successfully completed and responded by the dates
designated in the recurrent Spring questionnaire.
SCLEA MOU July 1,2014-September 30,2015 3
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article VII — Annual Physical and Technical Testing
A. City will continue to provide annual physical and technical testing of "Recurrent
Ocean Lifeguards."
B. City to provide annual skin cancer screening examinations to all unit employees
to be conducted by a medical facility selected by the City at Lifeguard HQ or
Junior Guard HQ. Unit employees who are screened off duty will be paid one (1)
hour of compensation at the employee's base hourly rate of pay.
Article VIII — Salary Schedule
A. Current Salary Schedule
"Recurrent Ocean Lifeguards" shall be compensated at an hourly rate by
classification title and pay range, as set forth in Exhibit A.
B. Wage Increases
1. Effective the beginning of the pay period following City Council approval or
June 6, 2015, whichever is later, all bargaining unit employees shall receive a
six and three-quarter percent (6.750/o) wage increase.
2. The salary schedule of the classification of Lifeguard III will be modified,
effective the beginning of the pay period of July 4, 2015, to reflect a structural
change deleting the current A-step and B-step hourly rate and restructuring
the schedule making C-step the new A step.
Article IX — Retirement
All employees not eligible for enrollment in the California Public Employees' Retirement
System (CaIPERS) shall be enrolled in the Public Agency Retirement Services (PARS).
SCLEA MOU July 1,2014—September 30,2015 4
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Effective the beginning of the pay period following City Council approval of this MOU, or June
6, 2015, whichever is later, all PARS contributing employees of this unit shall pay 7.5%
towards the PARS contribution.
Article X — Work Day; Work Week
A. Fall, Winter, Spring & Spring Break and Summer
City shall establish work schedules for Fall, Winter, Spring & Spring Break,
Summer and other schedules as needed.
B. Not a Guarantee of Work
Neither this provision nor any work schedule shall constitute a guarantee of work
(either daily or weekly) for "Recurrent Ocean Lifeguards".
C. 1,500 Hours
An employee represented by the SCLEA may work up to one thousand five
hundred (1,500) hours in a twelve-month (12-month) period. The 12-month
period shall be based on a City payroll calendar year. An employee shall not
work more than 1,500 hours in this 12-month period.
Article XI — Special Pay
A. EMT
1. Employees who maintain certification as Emergency Medical Technicians
("EMTs") according to State of California regulations and Orange County
EMT policy in the classifications of Ocean Lifeguard I, Junior Guard Instructor
I, Junior Guard Instructor II, Junior Lifeguard Program Coordinator I and
Junior Lifeguard Program Coordinator II, shall receive an additional five
percent (5%) per hour above their base hourly rate of pay. It is the employee's
responsibility to maintain the EMT certification and to have a current EMT
Certification on file. This provision shall become effective June 30, 2014.
2. Employees in the classifications of Ocean Lifeguard II and Ocean Lifeguard III
shall not be eligible for EMT special pay. Employees in these classifications
shall be paid their base hourly rate for the 24 hours of required bi-annual re-
SCLEA MOU July 1,2014—September 30,2015 5
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
certification. The hours paid/worked during the bi-annual EMT re-certification
course shall not count towards satisfying the minimum hour requirement for
reserve status. This provision shall be effective for all recertification
completed on or after May 1, 2014.
B. Bilingual Pay
SCLEA employees, who use their bilingual skill as part of their job assignment,
shall be paid an additional five percent (5%) over their base hourly rate of pay.
Employees shall be tested and certified by the Human Resources Manager as to
their language proficiency in order to be eligible for said compensation. Eligibility
for bilingual pay shall be limited to the following languages: Spanish,
Vietnamese, French, German, Japanese and American Sign Language.
C. Effective Date of Special Pay
All special pay shall be effective the beginning of the first full pay period following
certification and verification as approved by the Department Head or designee.
Article XII - Overtime
All unit employees shall be compensated at time and one half the regular rate of pay for all
hours worked in excess of forty (40) hours per week.
Article XIII - Miscellaneous
A. Employer-Employee Relations Resolution
During the term of the agreement, the City and SCLEA agree to update the
Employee-Employer Relations Resolution to reflect current State law.
B. Return to Work Policy
The City and the Association agree to the implementation of an Administrative
Regulation for a Return to Work / Transition Duty Program for employees who
experience industrial and non-industrial injury or illness.
SCLEA MOU July 1,2014—September 30,2015 6
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
C. Grievance Procedure
For the purpose of this procedure, a grievance is specifically defined as a dispute
concerning the interpretation or application of any provision of the Memorandum
of Understanding or any departmental rule governing personnel practices or
working conditions. The grievance procedure shall consist of the following steps,
each of which must be completed prior to any request for further consideration of
the matter unless otherwise provided herein:
Step 1. If a SCLEA employee feels that he has a grievance, as defined in C above, he
or she may request a meeting with his immediate Marine Safety Lieutenant
within ten (10) calendar days after the employee becomes aware or reasonably
should have become aware of the subject matter of the grievance. The Marine
Safety Lieutenant, within five (5) calendar days of such request, shall meet with
the employee when so requested and discuss the grievance in an effort to
clarify the issue and work toward a cooperative settlement or resolution of the
dispute. The Marine Safety Lieutenant shall present, verbally and in writing, his
decision to the employee within five (5) calendar days from the time of the
informal discussion.
Step 2. If the grievance is not settled under Step 1, the grievance may be presented to
the Marine Safety Chief. The grievance shall be submitted within five (5)
calendar days after receipt of the written decision from Step 1. Within five (5)
days after receipt of the written grievance, the Marine Safety Chief shall meet
with the employee and his immediate supervisor, if any. Within five (5)
calendar days thereafter, a written decision shall be given to the employee from
the Marine Safety Chief.
Step 3. If the grievance is not settled under Step 2, the grievance may be presented to
the Department Director/Fire Chief or designee. The grievance shall be
submitted within five (5) calendar days after receipt of the written decision from
Step 2. Within five (5) days after receipt of the written grievance, the
Department Director/Fire Chief or designee shall meet with the employee and
SCLEA MOU July 1,2014—September 30,2015 7
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
his/her immediate supervisor, if any. Within five (5) calendar days thereafter, a
written decision shall be given to the employee from the Department
Director/Fire Chief or designee. The decision by the Department Director/Fire
Chief or designee shall be considered final and shall end the grievance
procedure.
In the event the grievant does not comply with the time limits imposed by this Article, the
decision is deemed final and the grievance process shall end.
D. AB 1522 — Healthy Workplaces Healthy Families Act of 2014
The City agrees to provide unit members with paid sick leave benefits in
accordance with state law.
E. Death Related Benefits
In the event a SCLEA unit member expires while engaging in the performance of
his/her duties in the course and scope of his/her work; and should his/her
beneficiaries/survivors be entitled to death-related benefits in accordance with
State of California Workers' Compensation law, the City agrees to provide the
named beneficiary designated to receive the employee's final pay warrant as the
beneficiary for a one-time final expense stipend of $10,000. Such stipend shall
be in addition to, and not in lieu of, any death-related and/or other benefits
his/her beneficiaries/survivors may be entitled to under State of California
Workers' Compensation law. Such stipend payment to the beneficiary is not life
insurance and is subject to the appropriate treatment under Internal Revenue
Service regulations.
SCLEA MOU July 1,2014—September 30, 2015 8
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article XIIII — City Council Approval
It is the understanding of the City and SCLEA that this MOU has no force or effect whatsoever
unless and until adopted by Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this ll�day of &A.)K2_015.
City of Huntington Beach Surf City Lifeguard Employees' Association
(A ni ' a Corporation)
By By-
A. Wilson Chris Hubbard
ity anag SCLEA President
B By:Ken Dhane S ephenson
Assista ity Mana r Negotiations Team
By: By:
Mic ele Warren Ryan Camps
(rector of Human Resources Negotiations Team
By:
By:
Mike BaV gartner Adam I. Miller
Marine Safety Division Chief SCLEA Attorney
By: By:
JoAnn Di z Corey A. Miller
Principa Human Resources Analyst SCLEA ATTORNEY
By: COUNTERPART
SaM Henderson
Human sources Analyst
Approved as f m:
Michael Gates
City Attorney
SCLEA MOU July 1,2014—September 30,2015 9
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article XIIII — City Council Approval
It is the understanding of the City and SCLEA that this MOU has no force or effect whatsoever
unless and until adopted by Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this 2 day of AALt i 2015.
City of Huntington Beach Surf City Lifeguard Employees' Association
(A Municipal Corporation)
By: By:
Fred A. Wilson Chris Hubbard
City Manager SCLEA President
By: By:
Ken Domer Dhane Stephenson
Assistant City Manager Negotiations Team
By: By:
Michele Warren Ryan Catnps
Director of Human Resources Negotiations Team
B
By: y: ��
Mike Baumgartner Adam I. Miller
Marine Safety Division Chief SCLEA Attorney
By: By: o i u`/
JoAnn Diaz Corey A. Miller
Principal Human Resources Analyst SCLEA Attorney
By: COUNTERPART
Sandy Henderson
Human Resources Analyst
Approved as to form:
Michael Gates
City Attorney
SCLEA MOU July 1,2014—September 30,2015 9
Res. No. 2015-24
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on June 1, 2015 by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
f,
e
City COrk and ex-officio er"k of the
City Council of the City of
Huntington Beach, California