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HomeMy WebLinkAboutSCLEA - Surf City Lifeguard Employees Association - 2006-02-06 CITY OF HUNTINGTON BEACH 2O06 JAN 27 AN 10: 10 MEETING DATE: February 6, 2006 DEPARTMENT ID NUMBER: AD TQ6fi ;- ; 04 L4{{ gg C f�+'_` Cog 4,» t 7 11UNTINIG O111 1JEA01w I Council/Agency Meeting Held: OZ 10 b,6 Deferred/Continued to: L,4" "Approved ❑ Conditionally Approved ❑ Denied City rkVfSignat# Council Meeting Date: February 6, 2006 Departmen Number: ADCS-06-04 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS lell SUBMITTED BY: PENEL PE CULBRET�FTG, CITY ADMINISTRATOR PREPARED BY: ROBERT HALL DEPUTY CITY ADMINISTRATOR SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Should the City and the Huntington Beach Surf City Lifeguard Employees' Association (SCLEA) enter into a new Memorandum of Understanding covering the period January 1, 2005 through December 31, 2006? Funding Source: Funding was included in the Fiscal Year 2004/2005 budget and will be included in the Fiscal Year 2005/2006 and Fiscal Year 2006/07 budgets. The cost to implement the SCLEA Memorandum of Understanding in Fiscal Year 2004/05 is $23,639; $40,662 in Fiscal Year 2005/06; and, $10,927 in Fiscal Year 2006/07. Recommended Action: Motion to: Adopt Resolution No. C21&4-b, a Resolution of the City Council of the City of Huntington Beach approving and implementing the Memorandum of Understanding between the City of Huntington Beach and the Surf City Lifeguard Employees' Association for the term of January 1, 2005 through December 31, 2006. Alternative Action(s): Do not approve the Resolution for employees of the SCLEA. 2003-06 SCLEA Reso RCA 02-06-06 -2- 1/23/2006 5:35 PM REQUEST FOR COUNCIL ACTION MEETING DATE: February 6, 2006 DEPARTMENT ID NUMBER: ADCS-06- 04 Analysis: Representatives of the City and the SCLEA have met and conferred and were unsuccessful in reaching an agreement. In November 2005, the impasse procedure was enacted and as a result, an agreement was reached on a new Memorandum of Understanding (MOU) for the contract term of January 1, 2005 through December 31, 2006. Proposed pay and other negotiated changes include the following: Wages - 3% wage increase effective the start of the pay period that includes 01/01/05 - Effective 06/18/05, a 5% wage adjustment for employees in the classification of Jr. Guard Instructor 11 in exchange for elimination of the provision granting 5% special pay for an Emergency Medical Technician (EMT) certification - 4% wage increase effective the start of the pay period that includes 01/01/06 Other - Change contract language to revise the frequency of the issuance of uniform sweatpants to returning seasonal employees from the beginning of each season to an "as needed replacement" basis. - Addition of contract language to document current practice for the handling of dispute(s) regarding interpretation or application of an MOU provision and the effective date of special pay. - Addition of contract language to document compliance with the California Public Employees' Retirement System (CaIPERS) on reporting the cost of City provided uniforms for eligible employees and to document an agreement during the term of the contract to update the Employer-Employee Relations Resolution (EERR) with State law. A summary of these negotiated provisions is included as Attachment#1. Environmental Status: Not Applicable Attachment(s): City Clerk's . . - NumberDescription Summary of Proposed Changes in Terms and Conditions of Employment 1 between the City of Huntington Beach and the SCLEA Resolution to Adopt Memorandum of Understanding between the City of 2 Huntington Beach and the SCLEA for January 1, 2005 through December 31, 2006 Legislative Draft - Memorandum of Understanding between the City of 3 Huntington Beach and the SCLEA for January 1, 2005 through December 31, 2006 Exhibit Final Memorandum of Understanding between the City of Huntington S Ot A Beach and the SCLEA for January 1, 2005 through December 31, 2006 — RCA Author: Irma Youssefieho� 2003-06 SCLEA Reso RCA 02-06-06 -3- 1/23/2006 5:35 PM � _ ATTACHMENT # � PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Proposed FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Term Staff Comments Changes in Terms Estimated Cost Estimated Cost: Estimated Cost: of the Agreement and Conditions a.) Base Wages* a.) Base Wages* a.) Base Wages* a.) Base Wages* b.)Wage Driven b.)Wage Driven b.) Wage Driven b.) Wage Driven Costs** Costs** Costs** Costs** c.) Total Estimated c.) Total c.) Total c.) Total Cost*** Estimated Estimated Estimated Cost*** Cost*** Cost*** � _ . 10/01/05 — 24 month contract 12/31 ny�n/06 y� Wi a lWt..74 i.� il+ 3%wage increase a.) $ 19,125 a.) $ 6,375 a.) $ 25,500 Same wage increase in effective the start b.) $ 23,639 b.) $ 7,880 b.) $ 31,519 Year I as HBMEA. of pay period that c.) $ 42,764 c.) $ 14,255 c.) $ 57,019 includes 01/01/05 5%wage increase N/C N/C N/C N/C This wage adjustment is effective 6/18/05 in exchange for the for the elimination of the 5% classification of special pay provision for Jr. Guard possession of an Instructor II Emergency Medical Technician (EMT) certification. Value of this exchange is approx. $2,733, *Base wages is the cost of increasing wages **Wage driven costs are the additional costs associated with increasing wages,which include employer taxes,worker's compensation and retirement costs,as applicable ***Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of February 6,2006 Page 1 of 5 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Proposed FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Term Staff Comments Changes in Terms Estimated Cost Estimated Cost: Estimated Cost: of the Agreement and Conditions a.) Base Wages* a.) Base Wages* a.) Base Wages* a.) Base Wages* b.) Wage Driven b.) Wage Driven b.) Wage Driven b.) Wage Driven Costs** Costs** Costs** Costs** c.) Total Estimated c.) Total c.) Total c.) Total Cost*** Estimated Estimated Estimated Cost*** Cost*** Cost*** 4%wage increase N/C a.) $ 26,523 a.) $ 8,841 a.) $ 35,364 Same wage increase in effective the start b.) $ 32,782 b.) $ 10,927 b.) $ 43,709 Year 2 as HBPOA, of pay period that c.) $ 59,305 c.) $ 19,768 c.) $ 79,073 HBMEA, MEO, Non- includes 01/01/06 Assoc., HBFA, FMA, PMA & MSOA. n R777 x7777 all'ERS ` e QQY�lliy Add contract N/C N/C N/C N/C To document practice for language for the the compliance with reporting of the California Public cost of uniforms Employees' Retirement provided by the System (CalPERS) law. City for eligible This provision does not employees. apply to all SCLEA employees (limited to approx. 15). *Base wages is the cost of increasing wages **Wage driven costs are the additional costs associated with increasing wages,which include employer taxes,worker's compensation and retirement costs,as applicable ***Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of February 6,2006 Page 2 of 5 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Proposed FY 2004/2005 FY 2005/2006 FY 2006/20071 Estimated Cost for Term Staff Comments Changes in Terms Estimated Cost Estimated Cost: Estimated Cost: of the Agreement and Conditions a.) Base Wages* a.) Base Wages* a.) Base Wages* a.) Base Wages* b.)Wage Driven b.) Wage Driven b.)Wage Driven b.) Wage Driven Costs** Costs** Costs** Costs** c.) Total Estimated c.) Total c.)Total c.)Total Cost*** Estimated Estimated Estimated Cost*** Cost*** Cost*** "Mi .111 yp� Amend contract N/C N/C N/C N/C To address efficiency and language revising cost savings. the frequency of the issuance of uniform sweatpants from the start of each season to an"as needed replacement" basis. *Base wages is the cost of increasing wages **Wage driven costs are the additional costs associated with increasing wages,which include employer taxes,worker's compensation and retirement costs, as applicable ***Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of February 6,2006 Page 3 of 5 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Proposed FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Term Staff Comments Changes in Terms Estimated Cost Estimated Cost: Estimated Cost: of the Agreement and Conditions a.) Base Wages* a.) Base Wages* a.) Base Wages* a.) Base Wages* b.)Wage Driven b.) Wage Driven b.) Wage Driven b.) Wage Driven Costs** Costs** Costs** Costs** c.)Total Estimated c.) Total c.)Total c.)Total Cost*** Estimated Estimated Estimated Cost*** Cost*** Cost*** Add contract N/C N/C N/C N/C Documents current language to practice in the MOU for document the the handling of dispute(s) procedure for the regarding interpretation handling of a or application of an MOU Grievance provision. S eehi Pa . Add contract N/C N/C N/C N/C Documents current language to reflect practice in the MOU. special pay as effective the first full pay period following certification. *Base wages is the cost of increasing wages **Wage driven costs are the additional costs associated with increasing wages,which include employer taxes,worker's compensation and retirement costs, as applicable ***Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of February 6,2006 Page 4 of 5 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Proposed FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Term Staff Comments Changes in Terms Estimated Cost Estimated Cost: Estimated Cost: of the Agreement and Conditions a.) Base Wages* a.) Base Wages* a.) Base Wages* a.) Base Wages* b.)Wage Driven b.)Wage Driven b.)Wage Driven b.)Wage Driven Costs** Costs** Costs** Costs** c.) Total Estimated c.) Total c.) Total c.) Total Cost*** Estimated Estimated Estimated Cost*** Cost*** Cost*** 777 11'Iiret + ctf Uri, ,f r . mert... ; Update the N/C N/C N/C N/C To reflect current law. Employer- Employee Relations Resolution -7777777 7k4 ev�s�ar Delcti. . Q act Ia ua s. .E Includes non- N/C N/C N/C N/C To update contract b substantive revising language to changes clarify provision or by removing language that no is longer applicable. Cost of Proposed a.) $ 19,125 a.) $ 32,898 a.) $ 8,841 a.) $ 60,864 Changes b.) $ 23,639 b.) $ 40,662 b.) $ 10,927 b.) $ 75,228 c.) $ 42,764 c.) $ 73,560 c.) $ 19,768 c.) $ 136,092 *Base wages is the cost of increasing wages **Wage driven costs are the additional costs associated with increasing wages,which include employer taxes,worker's compensation and retirement costs,as applicable ***Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of February 6,2006 Page 5 of 5 ATTACHMENT #2 RESOLUTION NO. 2 0 0 6-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH LIFEGUARD EMPLOYEES' ASSOCIATION(SCLEA) AND THE CITY OF HUNTINGTON BEACH FOR THE TERM OF JANUARY 1, 2005 THROUGH DECEMBER 31, 2006 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach that the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach 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. Such Memorandum of Understanding shall be effective for the term of January 1, 2005 through December 31, 2006. IT IS FURTHER RESOLVED that the City Administrator or her/his designee is hereby authorized to execute said Memorandum of Understanding. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6 t h day of February , 2006 Mayor REVIEWED AND APPROVED APPROVED AS TO FORM: I ity Ad nistrator City Attorn y MD AND APPROVED: Deputy City Administrator 06reso/lifeguard mou EXHIBIT A SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE I -TERM OF MOU 1 ARTICLE it - 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 Vil -ANNUAL PHYSICAL AND TECHNICAL TESTING 4 ARTICLE Vill - SALARY SCHEDULE 4 A. CURRENT SALARY SCHEDULE 4 B. WAGE INCREASES 4 ARTICLE IX-WORK DAY; WORK WEEK 4 A. FALL, WINTER, SPRING& SPRING BREAK AND SUMMER 4 B. NOT A GUARANTEE OF WORK 5 C_ 1,500 HOURS 5 ARTICLE X - SPECIAL PAY 5 A. EMT 5 B. BILINGUAL PAY 5 C. EFFECTIVE DATE OF SPECIAL PAY 6 ARTICLE XI -OVERTIME 6 SCLEA MOU 2005-06 FINAL i SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE XII - MISCELLANEOUS 6 A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 6 B. GRIEVANCE PROCEDURE 6 ARTICLE XIII - CITY COUNCIL APPROVAL 8 EXHIBIT A 9 SCLEA MOU 2005-06 FINAL 11 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND 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 January 1, 2005 through December 31, 2006. The terms and conditions of employment are as follows: Article 11 — 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 1, Ocean Lifeguard II, Ocean Lifeguard III, Junior Guard Instructor 1, Junior Guard Instructor II, Junior Lifeguard Program Coordinator 1, and Junior Lifeguard Program Coordinator 11). 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 city, including the Meyers-Milias-Brown Act ("MMBA")"meet and confer" process. SCLEA MOU 2005-06 FINAL 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") Article Ill — Payroll Deduction of Union Dues City will continue to deduct SCLEA's monthly union dues (bi-weekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold 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, and bag- B. Damaged Uniform Articles The Operations Supervisor will replace uniform articles 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 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 2005-06 FINAL 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") Article V — Parking Passes A. Parking Passes Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the annual re-qualification exam. B. 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 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 2005-06 FINAL 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") Article Vll — Annual Physical and Technical Testing City will continue to provide annual physical and technical testing of "Recurrent Ocean Lifeguards". Article VNI — 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 first full pay period that includes January 1, 2005, all bargaining unit employees shall receive a three percent (3%) wage increase. 2. Effective pay period beginning June 18, 2005, employees in the classification of Junior Guard Instructor 11 shall receive a five percent (5%) wage increase in exchange for Emergency Medical Technician (EMT) special pay eligibility. 3. Effective the first full pay period that includes January 1, 2006, all bargaining unit employees shall receive a four percent (4%) wage increase_ Article IX — 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. SCLEA MOU 2005-06 FINAL 4 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") 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. Retroactive to pay period beginning December 20, 2003, 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 X — Special Pay A. EMT 1. Effective December 21, 2002, Ocean Lifeguard 1, Junior Guard Instructor 1, Junior Guard Instructor II, Junior Lifeguard Program Coordinator 1, and Junior Lifeguard Program Coordinator 11 employees possessing an Emergency Medical Technician (EMT) Certificate shall receive an additional five (5%) percent per hour above their regular hourly wage. 2. Effective June 18, 2005, the Junior Guard Instructor 11 classification shall not be eligible for EMT special pay. 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 regular 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. SCLEA MOU 2005-06 FINAL 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") C. Effective Date of Special Pay All special pay shall be effective the first full pay period following certification and verification as approved by the Department Head or designee. Article XI — 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) per week. Article X11 — 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. 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 B 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 SCLEA MOU 2005-06 FINAL 6 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") 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 is immediate s h t supervisor, if any. Within five 5 p � Y calendar days thereafter, a written decision shall be given to the employee from the Marine Safety Chief. The decision by the Marine Safety Chief 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. SCLEA MOU 2005-06 FINAL 7 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY.OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article XI11 — 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 6 t h day of February 2006. City of Huntington Beach Surf City Lifeguard Employees' Association (A Municipal Corporation) By: Penelope Culbreth-Gr ft Jesse Rothman City Administrator 4 SCLEA-P er sident lj� )j7/- Irma YdiAssefieh Human Resources Manager - fG Jim Engle 4V Wfiard J. Silber WectaTof Community Services SCLEA Attorney Kyle Lindo Approved As To Form: hie of Marine Safety f I Jenniifeemd rath City Attorney SCLEA MOU 2005-06 FINALFINAL 8 1/10/2006 12:38 PM MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") EXHIBIT A Hourly Pay Schedule Effective January 1, 2005 (3% wage increase) 0244 Ocean Lifeguard 1 359 13.08 13.80 14.56 15.36 16.20 0248 Ocean Lifeguard 11 397 15.79 16.66 17.58 18.55 19.57 0249/0439 Ocean Lifeguard 111 412 17.00 17.94 18.93 19.97 21.07 0246 Junior Guard Instructor 1 372 13.94 14.71 15.52 16.37 17.27 0247 Junior Guard Instructor 11 387 15.03 15.86 16.73 17.65 18.62 0250/0477 Junior Lifeguard Program 442 19.76 20.85 22.00 23.21 24.49 Coordinator I 0236/0476 Junior Lifeguard Program 470 22.73 23.98 25.30 26.69 28.16 Coordinator II Effective June 18, 2005 (5%wage increase) 0247 Junior Guard Instructor 11 397 15.79 16.66 17.58 18.55 19.57 SCLEA MOU 2005-06 FINAL 9 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") Effective December 31, 2005 (4%wage increase) 0244 Ocean Lifeguard 1 367 13.59 14.34 15.13 15.96 16.84 0248 Ocean Lifeguard II 405 16.45 17.35 18.30 19.31 20.37 0249/0439 Ocean Lifeguard 111 420 17.73 18.70 19.73 20.81 21.95 02 Juno n 1 46 Junior Guard Instructor I 380 14.52 15.32 16.16 17.05r17.99 0247 Junior Guard Instructor 11 405 16.45 17.35 18.30 19.31 20.37 0250/0477 Junior Lifeguard Program Coordinator 1 450 20.57 21.70 22.89 24.15 25.48 0236/04�6Junior Lifeguard Program 478 23.65 24.95 26.32 27.77 29.30 Coordinator II SCLEA MOU 2005-06 FINAL 10 Res. No. 2006-6 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 an regular meeting thereof held on the 6th day of February, 2006 by the following vote: AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None City(Aerk and ex-officio CUrk of the City Council of the City of Huntington Beach, California _ATTACHMENT #3 � SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ArticleI—Term ofMOU...................................•-----................_...........................------.......-----.................I ArticleII—Representation......................................................................................................................l A. Representation Unit..................................................._..................................................---............i B. Employee and Union Rights........................................................................................................I Article III—Payroll Deduction of Union Dues........................................................................................2 ArticleIV—Uniform Allowance.............................................................................................................2 A. New Hires................................................................................................................................... B. Damaged Uniform Articles .........................................................................................................2 C. Uniform-Returning Recurrent Ocean Lifeguard.........................................................................2 D. Sunscreen and Lip Balm................................ .............................................................................2 E. Reporting of Uniforms ...............................................2 ArticleV—Parking Passes................................................................................................................3-43 A. Parking Passes ......................................................................................................................3343- B. Parking Pass-Before Requalification...................................................................................334-3 Article VI—Annual Recurrent Ocean Lifeguard Re-qualifications....................................................3343 A. Work Available--Return to Active Employment..................................................................3343 B. Changes in Existing N fin;,,,,.f Hours 454 Article VII—Annual Physical and Technical Testing........................................................................4454 Article VIII—Salary Schedule..........................................................................................................4454 A. Current Salary Schedule........................................................................................................4454 BWage Increases ..... .................................................................... 5 B. Clas ifteatien-and Compensation S ................................................................................ ArticleIX—Work Day;Work Week.................................................................................................5-5b4 A. Fall, Winter, Spring& Spring Break and Summer.................................................................5564 B. Not a Guarantee of Work........................... ..........................................................................5-56-5 C. 1,500 Hours..........................................................................................................................5365 ArticleX— Special Pay....................................................................................................... --...........6675 A. EMT.....................................................................................................................................66- 5 B. Bilingual Pay ........................................................................................................................6675 C Effective Date of Special Pay ...............................................7 Article XI—Overtime.......................................................................... . ----........7786 Article XII—Eemmeneement of"Meet and Confee' Proeess Miscellaneous.....................................7-786 A. Emplo, ey r-Employee Relations Resolution.. .......................................................8 B. Grievance Procedure............. ........................................... .................8 Article XIII- City Council Approval...............................................................................10 EXHIBITA.............................................................. ..........................................I1 ..................................................................... ........................9 407- €XHIBI A........................ ----. 10�01�8 .......... . . .. .. . ... .. SCLEA Salary geliedule, Effeetive DDeeember 21,-2002 ................... 104844-8 SCLEA MOU 2005-06 v1.12-27-05 i 1 J27/2006 8:51 A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA!) Article I—Tenn 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 DeGembei:z1 20M through Denemher 21 2004 January 1, 2005 through December 31, 2006. 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 1, Ocean Lifeguard II, Ocean Lifeguard III, Junior Guard Instructor I, Junior Guard Instructor 11, Junior Lifeguard Program Coordinator 1, 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 city, including the Me ers-Milias-Brown Act "MMBAA "meet and confer" process. Y ( ) SCLEA MOU 2005-06 v1.12-27-05 1 1/27/2006 8:51 A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article Ill — Payroll Deduction of Union Dues City will continue to deduct SCLEA's monthly union dues (biweekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold 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, and bag. B. Damaged Uniform Articles The Operations Supervisor will replace uniform articles 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, teaF away sweatpants and a shirt I to each returning "Recurrent Ocean Lifeguard". D. Sunscreen and Lip Balm The city shall provide Sun Protection Factor (SPF) 15 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 (CalPERS), 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 2005-06 v1.12-27-05 2 1/27/2006 8:51 A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article V-- Parking Passes A. Parking Passes Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the annual re-qualification exam. B. 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. ArticleLifeguard Re-qualifications VI—Annual Recurrent Ocean Lif uard Re ualifications I 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 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 2005 06 A-12-27-05 3 1/27/2006 8:51 A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") B. Chanaes in Exostinq Minimum Hoofs during the term of this agFeemeRt. Article VII —Annual Physical and Technical Testing City will continue to provide annual physical and technical testing of "Recurrent Ocean Lifeguards". Article Vill— Salary Schedule A. Current Salary Schedule EffeGtive DeGe ,ber 21, 20�00`2, "Recurrent Ocean Lifeguards shall be compensated at an hourly rate by classification title and salary pay range, as set forth in Exhibit A. B. Wade Increases 1. Effective the first full pay period that includes January 1, 2005, all bargaining unit employees shall receive a three percent (3%) wage increase. 2. Effective pay period beginning June 18, 2005, employees in the classification of Junior Guard instructor II shall receive a five percent (5%) wage increase in exchange for Emergency Medical Technician (EMT) special pay eligibility. 3. Effective the first full pay period that includes January 1, 2006, all bargaininq unit employees shall receive a four percent (4%) wage increase. B. ClassffiGatiGn and.Compensation Stu SCLEA MOU 2005-06 v1-12-27-05 4 1/27/2006 8:51 A A 1-27 AAAl/1(1M/V1R 11-77 IlAA7/A/'NEAR 9•06 AAA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") and their relationship to Qrean Lifeguard (level 1 and 11) Glassifirations b c�,empensatieini study of the junier- Lifeguard 1i;stFuder-series (level 1 and 11) 1 r-eGemmendatiGR of the Personnel Commission, and appreval by the City uneil. Article IX—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 SCLEA employees will be able to woFk up to one thousand five hundFed (1,500) hours in a twelve (42) month period. The twelve (12) MORth period An employee represented by the SCLEA may work up to one thousand five hundred (1,500) hours in a twelve-month (12-month) period. Retroactive to pay period beginning December 20, 2003, 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. SCLEA MOU 2005-M 0.12-27-05 5 1/27/2006 8:51 A I MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA-) Article X—Special Pay A. EMT 1. Effective December 21, 2002, Ocean Lifeguard I, Junior Guard I Instructor 1, Junior Guard Instructor 11, Junior Lifeguard Program Coordinator 1, and Junior Lifeguard Program Coordinator 11 employees possessing an Emergency Medical Technician (EMT) Certificate shall receive an additional five (5%) percent per hour above their regular hourly wage. 2. Effective June 18 2005 the Junior Guard Instructor II classification shall not be eligible for EMT special pay. 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 regular 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 Ssign Llanguage. C. Effective Date of Special Pay All special pay shall be effective the first full pay period following certification and verification as approved by the Department Head or designee. SCLEA MOU 2005-06 vi.12--27-05 6 1/27/2006 8:51 A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article XI—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) per week. — Upon Fequest of either party, the u "all issues! betweeR u and other- terms and Genditions of � hours, "meet Go r.alendar yeaF 2004 of the MOU shall r.FommeRre on or about August 1, 2003. The , of this Memorandum of Under-standing shall not Ghange until adopted by Resolution of the Gi GeunGil of Huntington BeaGh. Upen request of either party, the 2005 ll an or about August } . "meet r toall issues! "wages, > and Article XI —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. 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 B 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 SCLEA MOU 2005-06 A.12-27-05 7 1/27/2006 8:51 A 1127 AMW 01290 2 11.77 AM21420039*6 AAA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") should have become aware of the subiect 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. The decision by the Marine Safety Chief 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. SCLEA MOU 2005-06 v1.12-27-05 8 1/27/2006 8:51 A 11•77 AMU!QQ006 9I 27 AM2J4 4W Q-G6 AAA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA"} Article XIII—City Council Approval It is the understanding of 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 day of February 2 February 2006. City of Huntington Beach Surf City Lifeguards Employees' (A Municipal Corporation) Association By: Wiliam P. Warkman Adam Jesse Rothman SCLEA President Penelope Culbreth-Graft City Administrator Clay Martin M+ke Judd Irma Youssefieh Human Resources Manager Jim Engle Richard J. Silber Director of Community Services SCLEA Attorney Kyle Lindo Approved As To Form: Chief of Marine Safety Jennifer McGrath City Attorney SCLEA MOU 2005-06 0.12-27-05 9 1/27/2006 8:51 A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES'ASSOCIATION ("SCLEA") EXHIBIT A Hourly Pay Schedule 0244 Orean LifeguaFd 1 353 12.68 13.38 44.12 14.90 15.7-2 0246 OGean Lifeguard 11 394 15.32 16.16 17.05 17.99 18:9 024910439 OGean Lifeguard 111 406 16.62 17.43 18-.39 19.40 20.47 0246 3% 13.63 14:2 15.06 15.89 16.76 1 0247 eNf 384- 4460 15.40 16.25 17.14 18.08 0250 junieoF L;f Fle�� �eg 436 19.19 20.25 21.36 2-2.53 2-3.77 0236 junior;Lifeguard Pr-ogr 464 � 2'�t 26.90 27.32 rdi nater-tl ".� Effective January 1. 2005 (3% wage increase) ovoloffilmoolm 1 0244 Ocean Lifeguard 1 359 13.08 13.80 14.56 15.36 16.20 0248 Ocean Lifeguard 11 397 15.79 16.66 17.58 18.55 19.57 1 0249/0439 Ocean Lifeguard ill 412 17.00 17.94 18.93 19.97 21.07 1 0246 Junior Guard Instructor 1 372 13.94 14.71 15.52 16.37 17.27 1 0247 Junior Guard Instructor 11 387 15.03 15.86 16.73 17.65 18.62 0250/0477 Junior Lifeguard Program 442 19.76 20.85 22.00 23.21 24.49 Coordinator I 0236/0476 Junior Lifeguard Program 470 22.73 23.98 25.30 26.69 28.16 Coordinator II SCLEA MOU 2005-06 A_12-27-05 101/27/2006 8-51 A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES'ASSOCIATION ("SCLEA") Effective June 18, 2005 (5% wage increase) 0247 Junior Guard instructor 11 397 15.79 16.66 17.58 18.55 19.57 Effective December 31, 2005 (4% wage increase) 1 0244 Ocean Life-guard 1 367 13.59 14.34 15.13 15.96 716.84 j 0248 Ocean Lifeguard 11 405 16.45 17.35 18.30 19.31 20.37 0249/0439 Ocean Lifeguard III 420 17.73 18.70 19.73 20.81 21.95 i 0246 Junior Guard Instructor 1 380 14.52 15.32 16.16 17.05 17.99 0 0247 Junior Guard Instructor 11 405 16.45 17.35 18.30 19.31 20.37 0250/0477 Junior Lifeguard Program 450 20.57 21.70 22.89 24.15 25.48 Coordinator 1 0236/0476 Junior Lifeguard Program 478 23.65 24.95 26.32 27.77 29.30 1 Coordinator 11 SCLEA MOU 2005-06 v1.12-27-05 111/27/2006 8:51 A RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATION SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH SURF CITY LIFEGUARD EMPLOYEES'ASSOCIATION COUNCIL MEETING DATE: February 6, 2006 RCA ATTAC H M ET STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION TOR M SING ATTACHMENTS REVIEWED RETURNED Administrative Staff ) Assistant City Administrator(initial) ( ) City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Irma Youssefieh